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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118722
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can my ex get more support money if an S corporation is in my new wife's name, she be

Customer Question

Can my ex get more support money if an S corporation is in my new wife's name, she being the president and I'm paid as an independent contractor from the corporation? The loan to purchase the business is in both our names. All reported income for the business comes in her name.
How do I handle this situation when we go to court? The ex and her family think we are making all this money, when really after you figure all the expenses associated with it and the bank loan, we are not doing any better then before. Now once the loan is paid off, then of course that will be profit money. She the ex just wants more money, more money all the time.
Submitted: 1 year ago.
Category: Family 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 for educational purposes only.
Your wife's separate assets are not considered as part of your income or assets for the purposes of calculating support. Only the income you make from being an independent contractor would be considered. However, if the court finds that you are not making a reasonable salary for the type of work you are doing (based on industry standards) the court may impute that amount of salary to you and also would consider that your wife is paying some of your bills from her separate income and as such you have more expendable income available for support.
So, while the new wife's separate S-corp income is not considered directly for your separate spousal support obligation, indirectly it can have some impact if you are not getting paid sufficiently for your being a contractor with the company or they show that she is paying your bills such that you have more money available from your own money/income to make support payments if necessary.