Legal Question in Constitutional Law in Massachusetts

In the divorce agreement of my husband has a clause that make him to show his

tax income for ex-wife. I did not sign any agreement with anybody. We sign our tax income together, in other words, the tax income is our and I want to find a clause on the american constitution that do not allow the court of massachusetts to accesses our tax income. He can show his paycheck, not our tax income. Today in MA, the income of spouse can not be used for calculation of alimony.

I am sure that there is a gap in the law that I can use. I consider it privacy invasion. If some lawyer to find a exit for it, she/he is going to earn a lot of money. I will pay happy. Than you


Asked on 7/10/12, 6:32 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

There is none that I know of. You can file for modification. Speak to lawyer

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Answered on 7/11/12, 6:26 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

You are choosing to file jointly with your husband.

One way around this would be for your husband to prepare a "dummy" return as though he were filing individually, and share that with his ex-spouse in order to meet the requirements of his divorce agreement. Once he did that, he could then go on to file jointly with you. I would need to review his divorce agreement to find out whether this would be permitted, or whether it would place him in contempt.

Another option would be to file for a modification.

The problem with your suggestion about the constitution and the court system is that the government is not forcing you to do this. Your husband voluntarily agreed to provide his tax information, and you are voluntarily agreeing to file your tax information jointly with him. As I see it, there is no redress with government, because this is the result of adults contracting with one another.

I strongly recommend that you retain counsel if you want to explore any of the above options I have outlined - there may be other options worth considering as well. Good luck!

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Answered on 7/11/12, 6:41 am


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