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Robertson Legal Group, LLC

Divorce: Receiving Tax Returns

This article discusses the topic of divorce: exchanging tax returns. The purpose of exchanging tax returns is to determine whether a Petition for an Increase in Child Support or Spousal Support is necessary.
Common Question: My Ex-Husband or Ex-Wife Won’t Exchange Tax Returns Even Though It States That We Must Exchange Tax Returns in the Divorce Decree?


Many couples get divorced and have a common provision in their divorce paperwork requiring them to exchange tax returns by a specific date generally April 15 or May 1st. Often, an ex-spouse is attempting to hide income to avoid a Petition for an Increase in Child Support. Reviewing the tax returns is an excellent strategy to determine whether a person is due an increase in child support.
Earlier today, one of my former clients called me and asked what they should do when their ex-spouse quit their job and no longer has health insurance. Furthermore, the residential parent informed me that they have been covering the health insurance premiums for the minor children.


A Petition for Indirect Civil Contempt is a legal petition because a person has violated a court order. In the alternative, it may be named “Petition for Rule to Show Cause for Indirect Civil Contempt”. Generally, the Petition for Indirect Civil Contempt will allege facts that the person has attempted to rectify the situation without court involvement. A Petition for Indirect Civil Contempt allows a court to sanction the person who violated the court order. A willful violation of a court order will enable a person reasonable attorney’s fees to enforce the court order. A Petition for Indirect Civil Contempt is a powerful divorce enforcement tool.
In my above example, my client would file a Petition for Indirect Civil Contempt Against Their Ex-Spouse because the ex-spouse is failing to provide medical coverage for the minor child. Consequently, we can likely get reimbursement of the cost to acquire health insurance for the minor children and get reasonable attorney’s fees for filing the Petition for Indirect Civil Contempt.


Spouses typically exchange tax returns and this requirement is in a divorce decree. In my client’s situation, they suspect that their ex-spouse is making less money than their court ordered child support. We recommended that they wait until their ex-spouse’s tax returns are exchanged to determine whether there has been an increase or decree in their taxable income. The purpose of the exchange of tax returns in divorce decrees is to give information to the ex-spouse to assist them to determine whether an increase or decrease in their annual income has occurred.


Robertson Legal Group, LLC is your Yorkville Divorce and Child Support Attorneys with full-time offices in Yorkville, Illinois. We are a resident of Yorkville and Kendall County. Sean concentrates his law practice in the areas of divorce, post-divorce modifications, child support, family law, and child support enforcement in Yorkville, Illinois. Our family and divorce attorneys are responsive and understand how to resolve family and divorce concerns. Sean may be reached at 630-780-1034.

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