Can my personal financial records be released without my consent in a divorce? 1 Answers as of March 10, 2011A magistrate ordered my personal financial information be released to my wife's ex husband in regards to a Child Support hearing between my wife and her ex-husband. Even though I said I did not agree to release this information the magistrate threatened to hold my wife in contempt if she did not release this to the court and her ex-husband. Do I have any recourse?
John E. Kirchner, Attorney at Law | John Kirchner
Apparently your wife does not have an attorney, so your best source of an answer is to find an attorney who can advise you based on reviewing all the facts. Clearly, a magistrate can order your wife to turn over relevant information, if she has it. The question becomes, therefore, is that information relevant to anything & that can't be answered without more information about what was required to be released. Obviously, if your wife doesn't already have those records she can't get them w/o your consent and the Magistrate has not, apparently, ordered you to do anything. Generally, your wife cannot be in contempt of an order to do something that is impossible, but that is not as simple as it sounds; that is why you need to consult an attorney. Because you are not a party to the case between your wife and her ex- there is little you can do directly or personally in her case - she is the one who needs to appeal the magistrate's ruling or defend herself from any contempt proceedings.
Answer Applies to: Colorado