Child Support Income Calculations

North Carolina Divorce Law Divorce and Separation Answers
1

My children’s father is omitting his business income, and possibly stock options from the courts. Is there anyway he can NOT report this business income to the court? He is the President of the Company; works on weekends and is a definite visible force within the company. He also is a manager in a large corporation. He is only reporting that as his income. He also bought a home in 04/09 and did not disclose any documents that he provided to banks. I believe that is also something he should submit to the courts, as well. I have a court date. What if he does not submit this to the courts?

I was a stay at home mother who was returning to school at the time of the dissolution of our marriage. The father lives in California and has been unable to care for the children, in any case of emergency. He has had his children (2) generally than 40 days a year. I have maintained jobs that have allowed me to be at home when the children are home from school. One child has turned 18 and is no longer considered in the calculation. My daughter is 12, but would require child care in the summer’s at least. I have been taking classes to go to a local school for Nursing, but without back up help with the children it was impossible. My income is very low due to my being home with the children. I do work when I can.

He reduced my court ordered alimony because he gave me part of our settlement and reduced my bills. Financially, I have just been unable to complete my needed degree that would enable me to provide much more for my children financially. I did not pursue legal action due to cost and potential of even more conflict.

Can I get recommendations for a good firm that would be both thorough and reasonable. Thanks.

2

You may seek these documents through the discovery process, and if your ex does not reply to your specific request for production of documents he can be sanctioned by the court.

Please contact our client liaison for a referral.

3

He and his new wife started a business and incorporated the business. They are the only owners. He says he does not get any income from this corporation. His wife may, though. Does the type of corporation matter if they are the only two owners? He does work there weekdays and week nights. He said this is a separate entity and he rolls all profits into the business. His wife’s income from the business does not count. He could pay his wife more in lieu of getting any income for himself just to reduce this child support. Can he do this since the company is incorporated?

4

Many folks try and say they receive no income from a business, and judges are aware of this. Make sure to get a hold of the business tax records, and the joint bank account he holds with his wife.