# Wife refuses to hand over w2



## Secondguessing (Mar 6, 2017)

I'm separated and living overseas so I'm having my son do my taxes. He asked my wife for my w2 and she told him that I had to ask her so I sent her an email asking her to give him the w2s. She then told him I had to call and ask, which I won't do.

What legal action can I take against her?


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## Adiron (Mar 25, 2017)

Why not just pick up the phone and call her?

Another option would be to simply file your taxes as "married filing separate". 

Another option would be to tell her that you will file your taxes as "married filing separate" if she doesn't cooperate.


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## Affaircare (Jan 11, 2010)

Or just contact your employer and ask for a duplicate W2 and ask them to mail it to your son's address. 

She's trying to keep you engaged--take the wind out of her sails. Cut her out of the middle. You can't force her to be a "good person" so accept that she's petty and vindictive, and get her out of your business.


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## 225985 (Dec 29, 2015)

Why is your mail going to your wife's place? Change address on all documents


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## Adiron (Mar 25, 2017)

Oh wait its YOUR W-2 not hers.

Yeah what the other poster said, just contact your employer.


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## Secondguessing (Mar 6, 2017)

So, in response to my request for the w2, my wife sent me this:



> Thanks a lot for all the dramas you creat in my life. After 10 years marriage, all you care about is the money while no matter what you do to me, I still have to whip my tears and take care of the girls. Nobody is taking away the assets. I just used the fund to refinance the house. I cant understand after everything you've done to me, you still are not satisfied. I really hope you can just enjoy your new life with your girlfriend and we can be civil towards each other. After all, we have two beautiful girls together, we need to do co-parenting the rest of our life whether you like it or not. We don't have to be friends. but I don't really have time or energy to fight with you. Can we just go along with our life, stop being angry to each other. Let the judge decide what we can or cannot have. I don't know how long I can live, I basically live for my girls. if you can just make it for the girls, I will take good care of them. Just imagine, if I die, who can take care of Sissy and Jenny?


I responded that we need to mediate before we go to court, its required in Indiana, and I told that my lawyer has reached out to her lawyer several times and is not getting any reply as to when the 1st mediation session can be held. She responded with this:



> She (my wife's lawyer) will only contact your lawyer in one condition which you're willing to pay the mediator all by yourself.


I have 2 questions:

1. Should I agree to pay for the mediator?
2. Would her lawyer actually say such a thing and if so, why not tell my lawyer?


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## WorkingWife (May 15, 2015)

Secondguessing said:


> I'm separated and living overseas so I'm having my son do my taxes. He asked my wife for my w2 and she told him that I had to ask her so I sent her an email asking her to give him the w2s. She then told him I had to call and ask, which I won't do.
> 
> What legal action can I take against her?


Can he do the taxes for you as "married filing separately?" or are things too complicated for that?


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## Vinnydee (Jan 4, 2016)

What is the problem? Just file a separate return and be done with it. That is what a lot of divorced and separated couples do. Nothing says you have to file a joint return.


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## Secondguessing (Mar 6, 2017)

@Vinnydee @WorkingWife

That's exactly what I'll have my son do - married but filing separately. 
The issue really is her lack of cooperation on everything. Like mediation - its required by Indiana law to attempt mediation before trial. She refuses to attempt mediation unless I pay for it. My lawyer isn't getting any response from her lawyer about 1st mediation. My wife said that she won't attempt mediation unless I agree to pay for it and she said her lawyer won't respond to my lawyer unless I agree to pay for mediation.

1. Should I pay?
2. Would her lawyer actually say such a thing?

Its a simple divorce because I'm not disputing custody. Going to trial would cost us both lots of money.


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## Secondguessing (Mar 6, 2017)

@Vinnydee @WorkingWife

That's exactly what I'll have my son do - married but filing separately. 
The issue really is her lack of cooperation on everything. Like mediation - its required by Indiana law to attempt mediation before trial. She refuses to attempt mediation unless I pay for it. My lawyer isn't getting any response from her lawyer about 1st mediation. My wife said that she won't attempt mediation unless I agree to pay for it and she said her lawyer won't respond to my lawyer unless I agree to pay for mediation.

1. Should I pay?
2. Would her lawyer actually say such a thing?

Its a simple divorce because I'm not disputing custody. Going to trial would cost us both lots of money.


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## ZedZ (Feb 6, 2017)

If you want out bad enough and quick I would pay for the mediator... I'm guessing in the scope of $ it's probably minor...Especially if it "helps" out the kids...

Best of luck..


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## EleGirl (Dec 3, 2011)

Secondguessing said:


> That's exactly what I'll have my son do - married but filing separately.


Does your wife have a job? Does she have a W2?
You might ask your son to do your taxes as married jointly and then married separately. Depending on some factors, if you file married but filing separately the rate is MUCH MUCH higher.
If at all possible you should file as married filing jointly.


Secondguessing said:


> The issue really is her lack of cooperation on everything. Like mediation - its required by Indiana law to attempt mediation before trial. She refuses to attempt mediation unless I pay for it. My lawyer isn't getting any response from her lawyer about 1st mediation. My wife said that she won't attempt mediation unless I agree to pay for it and she said her lawyer won't respond to my lawyer unless I agree to pay for mediation.
> 
> 1. Should I pay?
> 2. Would her lawyer actually say such a thing?
> ...


If you want to get to mediation, maybe you should go ahead and pay for it. You can always ask that the cost of mediation be considered as part of the settlement. Like 50% of it comes out of any assets she gets. 

Or if you make a lot more than she does, just pay it to get done with the divorce.


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## Cooper (Apr 18, 2008)

Secondguessing said:


> @Vinnydee
> @WorkingWife
> 
> That's exactly what I'll have my son do - married but filing separately.
> ...


It doesn't sound like it's going to be simple, she is already causing conflict by withholding your W2 and avoiding mediation. It sounds like she's hateful and will cause drama when she can. I say you better prepare for battle. 

Get the W2 from your employer and file as married living separately, that's easy.

As for paying for mediation....if it's takes a few hundred dollars to get things moving I would pay, it will be cheaper than having your attorney argue with her attorney.


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## zookeeper (Oct 2, 2012)

Are the kids yours or hers?

Did you leave her for another woman?


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## Secondguessing (Mar 6, 2017)

I'm glad I posted the question "should I pay for mediation" because I would have thought no but I see its unanimous that it a good move to pay so I will defer to the wisdom of the site. I contacted her lawyer directly and said I would pay for the initial or 1st mediation.
@zookeeper


> Did you leave her for another woman?


I left because she had an affair that I could not get over even after a good 2 years of trying. There is a woman now in my life that I'm with. I update FB with out photos and I guess my wife has been stalking me there.


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## Satya (Jun 22, 2012)

Update your FB privacy settings so your ex can't spy on you.
Or better yet, quit FB altogether. It causes nothing but issues in relationships anyway.
Enjoy the fact you're with your current gf, because you enjoy being with her. Not because you need to share it on social media.


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## WorkingWife (May 15, 2015)

Secondguessing said:


> @Vinnydee
> @WorkingWife
> 
> That's exactly what I'll have my son do - married but filing separately.
> ...


That is such a weird one. What does your lawyer say? Since you're married, isn't all the money technically both or yours anyhow? So you might as well suck it up and pay, then maybe bring that up in mediation - that you'd like that expense considered in the division of assets. If it's the law that you go to mediation, what happens with couples where there is only one bread winner? Who is filing for divorce? If you are filing and the law says mediation, maybe she can make you pay. It's just bizarre and I would ask your lawyer.




Secondguessing said:


> 2. Would her lawyer actually say such a thing?


I would think it unlikely, except hasn't your lawyer tried communicating with hers and get no response? It could be her lawyer is one of the super a-hole divorce lawyers, or it could be your wife is so nuts/difficult her lawyer is laying low hoping you'll pay so he doesn't have to deal with her rage. Either way, there have to be other people in Indiana who've gotten divorced with a spouse unwilling to play nice and do the mediation. Again, what does your lawyer say about all this?



Secondguessing said:


> Its a simple divorce because I'm not disputing custody. Going to trial would cost us both lots of money.


[/QUOTE]

Is the division of assets simple? Is there anything contested between you two? When I divorced my ex we just each kept our own credit card debt and income and went our own way. There was no trial. I had a paralegal I knew draw up the paperwork, we submitted it to the court, it was approved and we were divorced. (In CA)

In hindsight, that was hugely stupid on my part because I should have gone after some of our assets - won't bore you with that story here - but my point is if you two are in agreement on everything you might not need mediation or trial.

Now - your Wife? She sounds like a first class *****. She is being difficult just to get a rise out of you any way she can. I don't know the back story of why you are getting divorced, but she sounds like a real piece of work. I might suggest placating her for now just to speed this process up and get her out of your life, except with the kids she will have her tenacles in your life for a long time so you probably need to draw a line now.

Have you heard of using an intermediary? Even people with children do it. You and your W go through a neutral third party person to communicate with each other. The third party person (friend/relative) ONLY passes along information to you that is necessary. None of your wife's rants, ravings, threats, etc. Just things like "Susie has a Dr. appt. next week." Since it sounds like your W is deliberately trying to get to you, something like that might help remove whatever stimulus it is she's getting from messing with you.


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## EleGirl (Dec 3, 2011)

You being on FB and posting pics etc about your life with a new woman is causing you problems. That is most likely fueling your wife's bad attitude.

Turn your facebook into milk toast right now. Take all reference and even friending the gf down for now.


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