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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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Experience:  20+ Years of Employment Law Experience
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My Husband and I recently got a divorce. We owned a business

Resolved Question:

My Husband and I recently got a divorce. We owned a business 50/50. He got the business in the divorce and was ordered to pay me maintenance. Immediately after the divorce he got back surgery, now he is claiming he is disabled and on disability. I have not received any maintenance from him. Can you own a profitable business and claim disability?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the business is still operating, the court would not relieve him of his liability to pay maintenance just based on his disability. As long as the business is running, he has income from the business and the court would order maintenance to be paid from that business income. If he is able to run the business, then he could not be considered totally disabled. His disability could prevent him from performing certain tasks, but as long as he is able to operate and manage the business he would not be considered disabled. If he cannot operate the business and has to hire someone to do so, then the income he gets from the business would be passive income and he could claim disability.

HOWEVER, even if he cannot physically run the business and just receives passive income from the business, this does not relieve him of his obligation to pay maintenance and the court generally will order him to pay from his passive income from the business.



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Customer: replied 1 year ago.


Thank you,


 


What if he gives a percentage of ownership to our Son who just turned 18? I believe this is something he would do just to get out of paying his obligations

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid he could transfer the ownership, but you would also be able to challenge that transfer under the Fraudulent Transfer Act as him doing so to avoid paying a legal debt or obligation. If the court finds he did so for that purpose, then they can either cancel the transfer or continue to order him to pay by imputing income to him based on what he should be receiving from the business.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 88860
Experience: 20+ Years of Employment Law Experience
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