Child support modification

[Jk9818]

What is the name of your state (only U.S. law)? New York

My wife has had a business for over twenty years. At the time of our marriage 5 years ago I established a consulting business. Two years ago I began to provide consulting services to her company. My ex-wife is now seeking an upward modification of my current child support by claiming that I am a partner in my wife's business and that I am not reporting all of the income I make from her business to evade my support obligations. Is she eligible to a portion of my wife's income because i provide consulting services to her company. I am not an employee nor a legal partnerbof her LLC?

 

[Isis1]

What is the name of your state (only U.S. law)? New York

My wife has had a business for over twenty years. At the time of our marriage 5 years ago I established a consulting business. Two years ago I began to provide consulting services to her company. My ex-wife is now seeking an upward modification of my current child support by claiming that I am a partner in my wife's business and that I am not reporting all of the income I make from her business to evade my support obligations. Is she eligible to a portion of my wife's income because i provide consulting services to her company. I am not an employee nor a legal partnerbof her LLC?

are you receiving income from your wife for your services?

 

[single317dad]

are you receiving income from your wife for your services?

And if so is that income already fully disclosed in the CS court documents?

 

[nextwife]

I think what may be helpful is being prepared to show wife's business has a history of making X dollars and was doing so BEFORE you started consulting for her. This would demonstrate that her business can bring in X dollars whether you are around or not.

 

[Isis1]

I think what may be helpful is being prepared to show wife's business has a history of making X dollars and was doing so BEFORE you started consulting for her. This would demonstrate that her business can bring in X dollars whether you are around or not.

i'm just curious, only because your statement roused something in my tired head.

just because the wife is not making an income from his consulting services, would that make it okay for the OP to hide his income? maybe he isn't any good at consulting? it wouldn't prove he wasn't receiving income, right?

 

[single317dad]

i'm just curious, only because your statement roused something in my tired head.

just because the wife is not making an income from his consulting services, would that make it okay for the OP to hide his income? maybe he isn't any good at consulting? it wouldn't prove he wasn't receiving income, right?

So far, I haven't seen anything to suggest that OP is hiding any income. Of course, OP has yet to enlighten us with the answers to our questions.

Since OP is not an employee of SM's business, but an independent contractor, he is paid a predetermined amount for his services, and is not privy to all the proceeds of the business AS A PARTNER (which he is not). However, AS A SPOUSE he is entitled to share in the marital proceeds.

If OP's consulting significantly affects his wife's business income, and his reimbursement for that is paltry compared to the benefit, then ex will argue that OP is using SM's business to hide money for the singular purpose of reduced child support liability. I don't think she'll be successful, but stranger things have happened.

 

[nextwife]

'm not entirely certain that providing a family member a service, even if done for free, is "hiding income". I recall that my dad helped some family members with free legal services and real estate advice over the years.. I've provided some family and friends free real estate help(I h ave no ex). I also have been the technology consultant for my husband's business, on my own non-work time. None of this work reduced my income, I simply did this during hours I would not have been working, as a favor.

If poster had a brother who was a roofer, and his brother came over and helped him put a new roof on, during non work hours, and didn't charge him, could brother's ex claim brother was hiding income? Is he required to charge his brother?

I don't charge my husband when I set up his computers, software, or do some invoicing, at home, at night, and it has nothing to do with hiding income.

 

[LdiJ]

'm not entirely certain that providing a family member a service, even if done for free, is "hiding income". I recall that my dad helped some family members with free legal services and real estate advice over the years.. I've provided some family and friends free real estate help(I h ave no ex). I also have been the technology consultant for my husband's business, on my own non-work time. None of this work reduced my income, I simply did this during hours I would not have been working, as a favor.

If poster had a brother who was a roofer, and his brother came over and helped him put a new roof on, during non work hours, and didn't charge him, could brother's ex claim brother was hiding income? Is he required to charge his brother?

I don't charge my husband when I set up his computers, software, or do some invoicing, at home, at night, and it has nothing to do with hiding income.

I suspect that if the OP was providing that kind of free help to his wife he would have been more specific about it.

What I suspect is happening is that he is bringing income into his wife's company without actually receiving a wage or commission. That one isn't going to fly.

 

[nextwife]

Poster: are you charging her business for your consulting?

 

[cyjeff]

Are you receiving a 1099 from the business?