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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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I get 142.75 a week in child support from my ex husband. I

Customer Question

I get 142.75 a week in child support from my ex husband. I have asked him for more money for the last 9 months. He was paying himself 18 dollars an hour out of a company that he owns. The company is incorporated. I know he said his company did around 50 roofs last year and that would estimate somewhere around $500,000. He bought 5 rental properties and new cars and trucks for work. We have joint custody with me being the primary residence. I have the 3 boys from April 1-December 1 and the father gets them 2 days a week. He has them December 1 - April 1 and then I get them 2 days a week. Now he says he only makes 400 a week but still has the part time business and the 5 rental properties. Just because a business is incorporated does that mean it's not considered his income? Also, would it be worth me taking him back to court if he only makes 400 a week which I don't really believe? Is the 5 rental houses considered income? Please help
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Customer: replied 1 year ago.
Ok
Expert:  Maverick replied 1 year ago.
1. Just because a business is incorporated does that mean it's not considered his income? Well not exactly. He owns the shares and that is an asset but the court can impute the income to him even if he is not paying himself an adequate salary or dividends hoping to keep it all in the company until its safe to take it out. Your lawyer really needs to send out discovery on the income of the corporation and see what he is really paying himself vs. what is being kept in the company and why. Also, would it be worth me taking him back to court if he only makes 400 a week which I don't really believe? Yes, especially if it appears that he is using the company to artificially conceal or lower his true income to evade child support. Is the 5 rental houses considered income?Yes, it could be.
Expert:  Maverick replied 1 year ago.
more to come....
Expert:  Maverick replied 1 year ago.
If a court decides that a parent is evading child support obligations through unemployment or underemployment, the court may impute some amount of income. In deciding how much income to impute, courts may review the parent’s employment history, prior tax returns, W-2s, paystubs or any other relevant financial information. At a minimum a court may impute income based upon a full-time (40 hours per week) minimum wage job. So even if you cannot hire a lawyer but have photos of the new cars and other evidence that makes it seem like he is hiding income, then you can ask for an adjustment based on this calculation.
Customer: replied 1 year ago.
What paper work do I need to file for an adjustment on child support?
Expert:  Maverick replied 1 year ago.
I found a free packet that contains the forms and instruction you need. Here it is.