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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are trying to calculate child support abused child who

Customer Question

We are trying to calculate child support for an abused child who came into our care a year ago. The mother and stepfather- to whom the child was taken work in real estate together.
The mother is a realtor...who makes commissions...very high-income commissions.
The stepfather works in lending most of the year but sometimes sells houses.
The mother/realtor created an LLC that she put the stepfather on. And even though she has sold almost all of the homes- she has allocated to him a salary off over half the LLC's earnings to avoid paying child support. We don't know how many of the homes the stepfather was a lender on- or in what capacity he helped.
What should we do in terms of discovery to make the mother pay what is owed the abused child?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Since the parents don't have a regular income or flat salary, courts generally look at tax returns for the past 2-3 years and base payments on their income history.......also, the court can require the parents to report if they make more than the average the support amount is based on in order to ensure the child receives what he/she is entitled to.

To determine this, you'd need to ask for tax return on both parents to see what income is listed there. Also, you could ask for an accounting from the LLC to see where the money goes and to make sure money isn't being transferred to the parents in a form other than cash (in an effort to hide the assets).