Hidden income in the child support calculator

North Carolina Divorce Law Divorce and Separation Answers
1

I have an issue about the potential for child support. My wife and I have been separated for 34 months. We have no official papers. (Side note - her and her boyfriend have been together about 37 months) She is a hair dresser who works for herself. Recently, she has been throwing around the moniker “single mom not receiving child support” when referring to herself which leads me to believe that she feels like she should be getting child support.

She makes quite a bit more money than me, BUT, she doesn’t claim it all on her tax return. She claims income that she receives through credit cards because it is all documented through statements. She OFTEN doesn’t claim income she receives by cash or check, as much as, a third or more of her income. Based on what she claims, we probably make about the same amount each year, give or take. We have our child approx half the time each but with the way he spends the night, she has him 4 nights. In the calculator, that puts me paying her even though she makes twice what I make some years. How do I show her hidden income if she pushes it and asks for money? I can show proof from when we were together, but, then would I be on the hook financially or legally for signing tax forms that weren’t exactly correct?

She walked away from ALL our debt and her debt the day she walked out for her new man. She signed a quit-claim form on our house but I haven’t filed it yet. We have a line of credit against the house that we used to start her business up. She pays zero on it. I make the payment on it. If I file the quit claim, will it relieve her of her obligation to help pay this debt? If I filed her half of the payments leading up to the quit claim date as alimony paid on my taxes, could she then ask a judge to force a sale even though she gave up ownership rights? If I file the quit claim, can she file half of any equity as alimony paid to me on her taxes?

She has her boyfriend stay overnight on a regular basis while our child is there. She also takes her boyfriend on overnight, out of town trips with our child there. In the case of infidelity, how likely is it that a judge will add or grant a morality clause into a divorce decree in NC? Once divorce papers are signed , I believe that he will be officially moved in before the ink dries. That action would really bang hard against the Christian morals and ethics I am trying to teach my child.

Thanks in advance for any help you can forward my way.

2

The best way to prove that there is hidden income is to hire a forensic accountant to show that the money exists and what her true income is. Without that, I would make her produce her appointment books, receipt books, credit card receipts, ledgers, account statements, monthly bills, expenses and anything else that may show her income and expenses.

As for the debt, until a final order or separation agreement is entered that divides the marital debt and assets, she will not be alleviated of her obligation to pay back any debts in her name. If you have not done so already, you should file a claim for equitable distribution so the court can make a determination of this division. If your claim for equitable distribution is not pending at the time the divorce decree is entered, the assets and debts will be divided as titled.