My Ex hides his income by putting everything in wifes name.

[jhall79]

What is the name of your state (only U.S. law)? Texas
Hello, my daughter and I live in Texas, and her father lives in California. When he met his wife he was a real estate agent and she was not. Since then they have started their own company (she became an agent and a broker), but she is listed as the Owner/Broker. They flip houses as well, but as far as I understand, their homes, business, and material possessions are mostly all in her name. Am I able to fight this in any way? I was curious that since California is a community property state, if this would be an easier task?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas
Hello, my daughter and I live in Texas, and her father lives in California. When he met his wife he was a real estate agent and she was not. Since then they have started their own company (she became an agent and a broker), but she is listed as the Owner/Broker. They flip houses as well, but as far as I understand, their homes, business, and material possessions are mostly all in her name. Am I able to fight this in any way? I was curious that since California is a community property state, if this would be an easier task?

And why do you want to fight it? Why is how these possessions are titled or that they belong to her YOUR business? Her house has nothing to do with his income.

 

[Silverplum]

What is the name of your state (only U.S. law)? Texas
Hello, my daughter and I live in Texas, and her father lives in California. When he met his wife he was a real estate agent and she was not. Since then they have started their own company (she became an agent and a broker), but she is listed as the Owner/Broker. They flip houses as well, but as far as I understand, their homes, business, and material possessions are mostly all in her name. Am I able to fight this in any way? I was curious that since California is a community property state, if this would be an easier task?

Fight what? Why?

 

[jhall79]

And why do you want to fight it? Why is how these possessions are titled or that they belong to her YOUR business? Her house has nothing to do with his income.

I'm sorry I didn't make that clear. I am trying to modify his child support. I'm not saying that her possessions are my business. The way my daughter is treated and supported is though. And what I was trying to get across is that it is THEIR home and THEIR business. The fact that it is a THEIR is what makes it tough for me to fight in court how much HE should contribute to his daughter.

 

[Ohiogal]

I'm sorry I didn't make that clear. I am trying to modify his child support. I'm not saying that her possessions are my business. The way my daughter is treated and supported is though. And what I was trying to get across is that it is THEIR home and THEIR business. The fact that it is a THEIR is what makes it tough for me to fight in court how much HE should contribute to his daughter.

The homes and the business and everything else -- doesn't matter for child support. HIS INCOME does. End of story. Your daughter is NOT entitled to a portion of the business or the material possessions or anything else. You are entitled to child support as a reimbursement for raising the child which is based on his INCOME. Not on what is owned by his wife. More possessions does NOT necessarily equate to more income.

 

[jhall79]

The homes and the business and everything else -- doesn't matter for child support. HIS INCOME does. End of story. Your daughter is NOT entitled to a portion of the business or the material possessions or anything else. You are entitled to child support as a reimbursement for raising the child which is based on his INCOME. Not on what is owned by his wife. More possessions does NOT necessarily equate to more income.

Okay, wow, I guess I am not making myself clear here. I could care less about their material possessions and their business. If he had a regular job with a regular paycheck, going to court for a support modification would be so much easier, and so much more affordable. And most states would look at that income and reward 20% to their child that is only with them 10 % if the year.
But this is not the case. He is self employed.
Going to court makes me very nervous because the last time they based his child support on 0 income. Then 6 months later he bought a porsche as his second car.
The only reason the material possessions cloud any of this is because he has NEVER disclosed his income. It is difficult to hear someone say they can't or won't pay more when they have multiple homes worth over$1 million and a very successful business. They go to Cabo on vacation every other monthMany of these purchases have happened in the last 1-2 years as their business has taken off.
Our daughter has very high medical and educational expenses and I am just simply trying to get additional help.....
I am not a bad person. I am the kind of parent who does not do things for herself in order for my daughter to have more.

 

[Ohiogal]

Okay, wow, I guess I am not making myself clear here. I could care less about their material possessions and their business. If he had a regular job with a regular paycheck, going to court for a support modification would be so much easier, and so much more affordable. And most states would look at that income and reward 20% to their child that is only with them 10 % if the year.

Wrong. Most states would not reward 20% to the child. Texas is one of the few that bases child support strictly on a percentage of the NCP's income.
And that 20% is NOT to the child but rather a reimbursement to the custodial parent.

But this is not the case. He is self employed.

Okay.

Going to court makes me very nervous because the last time they based his child support on 0 income.

So what did you prove his income to be? Did you subpoena his W2s? Did you argue that he should be imputed?

Then 6 months later he bought a porsche as his second car.

He did or his wife did? Whose name is on the loan and the title to the car?

The only reason the material possessions cloud any of this is because he has NEVER disclosed his income.

So what did you do to find out what his income is? Did you subpoena the information? Did you do discovery? Or did you just go to CSEA and say HANDLE THIS!

It is difficult to hear someone say they can't or won't pay more when they have multiple homes worth over$1 million and a very successful business. They go to Cabo on vacation every other monthMany of these purchases have happened in the last 1-2 years as their business has taken off.

Her business. And she is not responsible at all for your daughter. How much debt do they have to go with those homes, the business and trips?

Our daughter has very high medical and educational expenses and I am just simply trying to get additional help.....
I am not a bad person. I am the kind of parent who does not do things for herself in order for my daughter to have more.

You need to hire an attorney. And why does your daughter have very high educational expenses? Public school is free and if she has an IEP they need to cover the cost of those things. Or did you CHOOSE to put your daughter in private school? If the child is private school, dad may not be expected to cover ANYTHING of that choice.

 

[Silverplum]

Okay, wow, I guess I am not making myself clear here. I could care less about their material possessions and their business.

You mention the stuff a lot.

If he had a regular job with a regular paycheck, going to court for a support modification would be so much easier, and so much more affordable. And most states would look at that income and reward 20% to their child that is only with them 10 % if the year.

"Most states" don't matter. Does TX hold the child support order? Or does CA? Those are the only two states of possible interest to you, and only the state that holds/enforces the CS order matters in your case.

But this is not the case. He is self employed.
Going to court makes me very nervous because the last time they based his child support on 0 income.

There's a legal way (or several) to produce $0 income, and there are ways to hide income.
What did you do last time when he declared $0?

Then 6 months later he bought a porsche as his second car.

Proof? Or did his wife buy it for him?

The only reason the material possessions cloud any of this is because he has NEVER disclosed his income. It is difficult to hear someone say they can't or won't pay more when they have multiple homes worth over$1 million and a very successful business. They go to Cabo on vacation every other monthMany of these purchases have happened in the last 1-2 years as their business has taken off.

I'm a second wife, and I can assure you that I protected my income and revenues from the first wife. Nothing illegal or shameful about it: my money, my choices, my education, my efforts all mean "mine."

That leaves out a LOT of story, but it's all that applies to you at this time.

Our daughter has very high medical and educational expenses and I am just simply trying to get additional help.....
I am not a bad person. I am the kind of parent who does not do things for herself in order for my daughter to have more.

Nobody is saying you are a bad person. Not at all.

What you need to become is a person who handles her legal business with skill. Sometimes (often!) that means getting an attorney to navigate the pitfalls for you.

 

[Silverplum]

*waves at OG and her fast, smart self!*

 

[Ohiogal]

*waves at OG and her fast, smart self!*

I wave back as I am getting ready to go on vacay for ten days! Leave on Thursday!!!!!!!!!!!

No more forum,
no more books,
no more judge's dirty looks!
No more clients,
no more pests,
no more giving dirty jests.
YEAH ME!
*jumps up and does a split while waving pom poms* *then realizes she should not have done that because she may have broke something*

 

[single317dad]

You need to hire an attorney.

Seconded. And the attorney may need to hire an investigator in CA, as a supplement to discovery and admissions, to reveal the larger story of Dad's finances. Mom will be disappointed to find her speculation is inadmissible.

 

[LdiJ]

Seconded. And the attorney may need to hire an investigator in CA, as a supplement to discovery and admissions, to reveal the larger story of Dad's finances. Mom will be disappointed to find her speculation is inadmissible.

I do understand her question however. She is trying to figure out how to determine what dad's income is vs his wife's income. That could be very problematic if all of the income is coming in in the wife's name, even though dad is doing the actual work or half of the actual work.

 

[single317dad]

I do understand her question however. She is trying to figure out how to determine what dad's income is vs his wife's income. That could be very problematic if all of the income is coming in in the wife's name, even though dad is doing the actual work or half of the actual work.

It's one of the oldest games out there: hide the income to reduce the liability. It tends to work, if done correctly. That's why OP should hire professionals to investigate and prosecute the matter.

 

[gam]

It's one of the oldest games out there: hide the income to reduce the liability. It tends to work, if done correctly. That's why OP should hire professionals to investigate and prosecute the matter.

Yes she should, but she should also educate herself. Self employed and child support is a complicated matter and to just hire a professional to handle it, is not the smartest move one can make. You must also educate yourself on self employed, child support, your state laws and your state child support formula.

It's not all that hard to take your speculations on self employed income and turn the speculations into admissible evidence. Always best to do your own research and provide that to the professional you hire. They don't know specifics on your case, and if you don't provide them those or ask them questions and offer suggestions, often much is missed and not done, that could have been. Once your hearing is over, it's a tad to late for these suggestions and questions to be asked and looked into.

 

[jhall79]

I do understand her question however. She is trying to figure out how to determine what dad's income is vs his wife's income. That could be very problematic if all of the income is coming in in the wife's name, even though dad is doing the actual work or half of the actual work.

Thank you for seeing what I am obviously having trouble stating.
Geez sorry all the other states are not 20% obviously I'm not a know it all. The only state that matters here though is Texas and/or California.

I know I should speak to a lawyer. But the few I've spoken to have told me that a case like this, where they have to subpoena bank records, titles and such, could cost $20k.
They were not married back when this originally came about, or when he bought his porsche.
The real estate company USED to be in HIS name up until 2 years ago, now it is not it is all in hers. I only bring up the business because obviously if he has any income that is where it comes from. I guess she could probably say its all hers and he works for minimum wage huh.
And I only bring up the house because he told his family to lie to me about it so that I wouldn't know how successful they have become. or he. or she. or whatever.

Guess I just need to get a second job again. Sorry if I've annoyed anyone with my inexperience and talk of stuff.