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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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My ex wife currently moved my children out of state. I went

Resolved Question:

My ex wife currently moved my children out of state. I went to court but she won based on her working for her husband to be's business. She has been working full time for him for a year but receives no salary. She claims no income on income taxes so she can continue receiving more child support and not pay FICA etc.... He earns 125,000 salary from his business plus about 25,000 in tax returns. Since they are married and she is working full time in his business does she share in his earnings from that business and can it be counted in child support calculations
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 5 years ago.

Lawyer Lori :

While the husband's income is not included in her income, you may request that the court impute her income based on her work. So, essentially, you can estimate what she would be making (or her income prior to the move) if she earned an income and calculate child support based on that.


even though it is a small business that he owns, and essentially she is part owner now that they are married.

Lawyer Lori :

You can make the argument that she is a part owner; however, unless her name is XXXXX XXXXX business or she owns shares of stock, that will be a tough argument to make.

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