Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

In a case in which former spouses were litigating a modification of Florida child support, the former husband requested information concerning the income of the former wife’s current spouse. When the current spouse objected, an appeal ensued under McFall v. Welsh, 5D19-2275 (Fla. 5th DCA October 25, 2019).

The former wife filed a petition to modify child support. When she produced her tax return which was jointly filed with her current husband, she redacted her current husband’s income and other financial information from the return. The former husband sought an un-redacted tax return. The trial court then entered an order compelling the former wife to turn over the un-redcated records. She and her current husband appealed this decision.

On appeal, under a petition for writ of certiorari, the appellate court overturned the order. The court held the trial court departed from the essential requirements of the law. Specifically, the court stated “In their certiorari petition before this court, [the wife and her current husband] argue that, absent [the former husband] establishing an evidentiary basis to show that the unredacted jointly-filed tax return containing [the current husband’s] financial information is somehow relevant to the underlying litigation, the court order violates [the current husband’s] constitutional right of privacy under Article I, section 23, of the Florida Constitution. This section of the Florida Constitution protects the disclosure of financial information of private persons if there is no relevant or compelling reason to require disclosure, because ‘personal finances are among those private matters kept secret by most people.’ Thus, [the current husband], as a nonparty below, has the constitutional right to prevent the disclosure of the 2017 tax return that he jointly filed with his wife unless [the former husband'] can prove that [the current husband’s] financial information is relevant to the modification of child support litigation between [the former husband] and [the former wife].”

Discovery in a Florida divorce can be a complicated process, depending on the issues in the case. This is why you should consult with a Miami divorce lawyer to be sure you understand the process and what protections you may be entitled to in the process.