C.S. and small business owner


#1

It sounds like you need to file an action for child custody and child support. If you cannot agree on visitation then the court will set a schedule for you. If she is breastfeeding, the court may not grant overnight visitation right now.

In order to find out what her true income is, you will need to request records from her business. One of things to look at would be corporate tax returns, her personal tax returns, profit and loss statements, checking and savings accounts for the business, etc.

The court will consider all of the benefit she gets from the business as income, not just the salary she pays herself.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I had a child with my now ex-girlfriend. She is a small business owner and only pays herself 48k a year, everything else stays in the business’s name. I make 52k a year. She lives in a 200k house and drives a Lexus that her business paid for, I live in a small apt. When she bought her house 2 years ago she got a mortgage based on her “stated income” because she could not qualify for the house based on what she “pays herself”. Now she wants me to pay her $800/month for CS. The baby is only 2.5 months old and she refuses to let me take the baby over night. I want to do the right thing but I know she is worth alot more than 48k/yr. BTW, she told me that she only made 36k then she slipped up and told me that it was 48k, in any case I know she is hiding income from the IRS and myself in her business. What should I do?