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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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If you are getting child support based on a low income job

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If you are getting child support based on a low income job 9 years ago, and X husband is self employed with a $400,000. house, BMW,2 Jeeps and a truck but claims he only pays himself $35,000. a year from the business. Doesn't add up to me. He is paying $420.00 a month for one child. Is child support based on what he takes as a salary or the gross of his company? Does one need a lawyer to fight for more child support?
Thank you for your question.

Child support is based on the individual payor's income rather than the company's income, although the two should coincide to some extent. When a person is self-employed and has all kinds of assets, but declares a low income, that certainly sounds alarm bells as far as child support is concerned. You may want to get a lawyer involved who can conduct discovery to get to the bottom of his income. He may very well be under-reporting his income, and an attorney can determine that by looking at his company's books as well as his income and spending habits.

I hope this answers your question.

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Customer: replied 4 years ago.

If one does not have the money for a lawyer can it be done thru the courts without one?

That is possible, yes. Self-represented parties have the same rights to discovery as attorneys do. However, an attorney is well-versed in what methods of discovery (i.e. subpoenas, depositions, demands for production of documents) will yield the most favorable results, and knows how to use these methods.
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