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Second opinion] My ex husband owns a business and has been…

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Second opinion] My ex...

Second opinion] My ex husband owns a business and has been paying himself the same amount of money for the pass ten years and has been paying the same child support. What can I do to get an increase in support..

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that all his household expenses are paid by his corp. Phone, internet car insurance etc.

Submitted: 10 months ago.Category: Legal
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Answered in 1 hour by:
9/19/2017
Lawyer: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You have the ability to bring a Motion to Modify Support, showing the judge that your ex is keeping his income artificially low in order to avoid paying a fair share of child support. One way to do this is to look at all the personal bills the company pays for him. Since his business pays for his car, his cell phone, his dry cleaning, etc., all of that should be considered income. That's your starting point.

It can help in this scenario to hire a local attorney, because a lawyer can subpeona bank account records before filing the modification, and that can help you prepare your case. But it's not required. If you want to file on your own, you can do that and then serve him with Requests of Production of Documents. The judge should increase his support once you show that he's making far more than he's claiming.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 10 months ago

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