In a recent unpublished opinion the Appellate Division required a litigant paying alimony to provide tax returns to his former spouse for so long as alimony arrearages existed. After a history of failing to abide by agreements to pay alimony, the defendant claimed he was unable to pay due to his current economic circumstances. Based on this claim, the court felt the only fair way for the plaintiff to be able to asses such claims was for her to be able to review his tax returns.
FAMILY LAW 20-2-0922 Burkett v. Mejia, App. Div. (per curiam) (7 pp.) Defendant appeals from a portion of the Family Part’s post-judgment order in this matrimonial matter requiring him to provide plaintiff with, among other things, his income tax returns each year until he has paid in full his substantial arrearages in alimony and equitable distribution. Defendant argues that that portion of the motion judge’s order is not based upon “good cause” and violates defendant’s “legitimate expectation of privacy.” The appellate panel disagrees and affirms. Defendant has the capacity to earn a high income, and his finances are highly sophisticated, with interests in properties in several states. Yet, he has defaulted twice on two agreements he voluntarily entered into with plaintiff for the payment of alimony and equitable distribution. On each occasion, he cited economic circumstances beyond his control that led to his defaults. Plaintiff has no alternative way to monitor defendant’s finances or to determine whether he has the resources to pay the debt he concedes he owes to her.
