NJSBA Family Law Section

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  • 1.  Can I mandate the exchange of tax returns in an MSA?

    Posted 12-15-2020 01:59 PM
    I represent a Wife who will be receiving fifteen years of limited duration alimony, child support and (down the road) college contribution from her Husband. She will not be stipulating that her lifestyle will be met. I want to include a provision in the MSA requiring the parties to exchange tax returns each year until alimony ends. My adversary objects. Is there any case law, statute or Court Rule which speaks to the issue of mandatory post-agreement exchange of tax returns?  I would appreciate any input.

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    Craig S. Laughlin, Esq.
    Gale & Laughlin LLP
    Certified Matrimonial & Civil Trial Attorney
    2814 Highway 35
    Hazlet, NJ 07730
    Phone (732) 264-6000
    Fax (732) 264-6796
    [email protected]
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  • 2.  RE: Can I mandate the exchange of tax returns in an MSA?

    Posted 12-15-2020 02:01 PM
    Absolutely 
    Steve Muller 



    Original Message


  • 3.  RE: Can I mandate the exchange of tax returns in an MSA?

    Posted 12-15-2020 04:22 PM

    I've never seen a rule or case that mandates exchange of tax returns. That said, it's necessary periodically to adjust child support. If it's a deal breaker for the husband, I'd ask for an email with a jurat each year that income has not increased by 15% and in the event it has increased by 15% this is a presumed change in circumstance for child support and the parties would arbitrate new c/s. my 2 cents.

    Tom

     

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

    45 Broadway, 2nd floor, Denville, NJ 07834

     

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    Original Message