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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118784
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in NC and am interested in starting a trucking business.

Customer Question

I live in NC and am interested in starting a trucking business. I pay child support for my daughter to her mother. Her mother abuses drugs and spends most of the support on her habit. How can I start the business and limit the amount of child support dollars given to her mother.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NC law, child support is based off of your income and it is set by the statutory tables, so "limiting child support" is a bit difficult in that regard. If the mother is abusing drugs and you have proof of that, then the mother is unfit and you need to file a motion for modification/change of custody and seek to get custody of the child away from the mother. If you get custody, you paying child support would cease completely.
Unless you get child custody changed, your support will remain and will be based on your income by the statute.
You could form the trucking company as a corporation and leave the money in the corporation and take very little in the form of wages (you have to take at least minimum wage in pay), which would mean you have less income for support, but if you use the money in the corporation to pay any of your personal bills, then you run the risk of the court attributing all of the corporate income to you (so it is a double edged sword to do it that way). The other thing you could do though is start a business in another relative's name and you be the employee and receive a salary you agree upon which can limit your income.