in with the lawyers

[strong woman]

What is the name of your state (only U.S. law)? Wisconsin
My husband has dealings with all of the lawyers in town and I found out that his ex wife had to go out of town to get a lawyer because no one would represent her. Can lawyers do that?
Also he is part of a family owned business. He reports only 12k a year for taxes; he gets paid in cash. He has been making our $1000 monthly mortgage payments on his own with money to spare. With this in mind how do I prove he make more then he reports and how can I get a fair amount of child support?

 

[LdiJ]

What is the name of your state (only U.S. law)? Wisconsin
My husband has dealings with all of the lawyers in town and I found out that his ex wife had to go out of town to get a lawyer because no one would represent her. Can lawyers do that?

Yes, lawyers can do that and his ex wife was probably smart to go out of town for an attorney...and you would be wise to follow her lead.

Also he is part of a family owned business. He reports only 12k a year for taxes; he gets paid in cash. He has been making our $1000 monthly mortgage payments on his own with money to spare. With this in mind how do I prove he make more then he reports and how can I get a fair amount of child support?

You perhaps talk to his ex wife, because she apparently made the right legal moves.

 

[mistoffolees]

Also he is part of a family owned business. He reports only 12k a year for taxes; he gets paid in cash. He has been making our $1000 monthly mortgage payments on his own with money to spare. With this in mind how do I prove he make more then he reports and how can I get a fair amount of child support?

When you go to court, take in the documentation showing that he only claims $12 K per year but then show that you can document expenses much higher than that. Ask the court to order a forensic accountant at stbx's expense.

And I sure hope you're not signing joint income tax returns. If you are, you could be in big trouble, too, if the IRS goes after him.

 

[nextwife]

When you go to court, take in the documentation showing that he only claims $12 K per year but then show that you can document expenses much higher than that. Ask the court to order a forensic accountant at stbx's expense.

And I sure hope you're not signing joint income tax returns. If you are, you could be in big trouble, too, if the IRS goes after him.

If you are indeed a strongwoman, have you been providing for many of the other household expenses from your income? That could account for a scenario in which one party can apply most of their income to just the mortgage portion of the household expenses. If there are two breadwinners, documenting expenses much higher than just his income may or may not prove that HE has additional income.

If this is a family business, might other family who share the business, such as maybe his mom or dad, be gifting him additional income?

 

[LdiJ]

If you are indeed a strongwoman, have you been providing for many of the other household expenses from your income? That could account for a scenario in which one party can apply most of their income to just the mortgage portion of the household expenses. If there are two breadwinners, documenting expenses much higher than just his income may or may not prove that HE has additional income.

If this is a family business, might other family who share the business, such as maybe his mom or dad, be gifting him additional income?

Its possible that he is being gifted additional income, however, if that is happening the IRS might not be too happy about it...in terms of social security/medicare/self employment tax. If his parents are above the limits for social security, and are gifting him income that he should be receiving as pay, that's a problem. Its an even bigger problem if the company is an S corp or an LLC electing to be taxed as an S-corp.

Or, if the business is paying for things that he really should be paying for himself, and therefore expensing them, that's another problem.