New spouse financials in determining child support


#1

Do a search as there was a posting w/ a similar question that the lawyers answered fairly recently. Are you talking about child support?


#2

Yes but was laws protect my spouse and her privacy? She owns 100% of the corporation isn’t she protected under corporate laws? If she doesn’t live with me and has her own place do they have the right to go after her?


#3

We were nervous/anxious about this as well but our accountant said that my income was not a factor and what I have read on this forum from lawyers has indicated the same. Now,my understanding is that your ex-wife can ask for a modification at any time if certain circumstances occur/exist and they will look at the support award and can adjust down or up. They normally look at pay stubs or call the employer for you income for the last 4 quarters.


#4

Right now I receive W-2 from her company making minimum wage as her employee (at least it is something since I was on disability) she is nervous because of our marital status that they will force her to dig up all her financials and use that as the calculations for support. All the money she makes goes back 100% less her bills and what I borrow from her.


#5

I think they can impute your income though…back to what you were making


#6

Dear Bob:

Greetings. No, you cannot lie to the court. Just tell the court your financial situation, show the W-2s, and also bring proof that you have consistently applied for jobs (even while working for minimum wage). It is unlikely that the court will not impute you at least at $90,000, but good luck. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#7

I got remarried 2004 my new wife doesn’t want my ex knowing anything about our financial situation since it really isn’t her business. We both have struggled terribly to bounce back from my divorce. My ex took me for everything plus a non-modifiable support order which ends in June. She has since filed for a modification. I was making 90,000 a year back then but due to her harrassment I was let go from that job and haven’t been able to find anything since. My wife and I started a business and my wife has taken over as full owner of the corporation and I am just an employee now but earning minimum wage right now until she can get it more off the ground. She has seperate property of her own. My wife technically does not get a w-2 and rolls any money that is made back in the corp. I own my own house too and can claim that I pay my bills basically right now from refinancing my house and borrow money from my new wife and her company. Can I claim that we are seperated living in seperate households and not show any of her income? REally what can we get away with. I don’t mind excepting showing more than what I show on a w-2 but it definately isn’t 90,000. HELP ME FROM GETTING SCREWED CONTINUOUSLY BY MY EX I REALLY JUST WANT HER TO GO AWAY!