hiding income under new spouse....advice please

[amyjrn]

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

I fully understand that an ex's new spouse's income is irrelevant in calculating child support. However, my ex is a small business owner (sole proprietor) And is now claiming his income as $20,000 a year while paying his wife an annual salary of $150,000 a year. I am sure any judge could see through this. However, can I even present this in court considering the spouse's income is irrelevant? Any advice....

He is doing this for the purpose of child support evasion

 

[Ohiogal]

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

I fully understand that an ex's new spouse's income is irrelevant in calculating child support. However, my ex is a small business owner (sole proprietor) And is now claiming his income as $20,000 a year while paying his wife an annual salary of $150,000 a year. I am sure any judge could see through this. However, can I even present this in court considering the spouse's income is irrelevant? Any advice....

He is doing this for the purpose of child support evasion

Prove it. How do you know his wife earns that much from HIS business? How do you know tht wife doesn't have a salary from some place else? What is his wife's role in the business? What is his?

 

[mistoffolees]

Prove it. How do you know his wife earns that much from HIS business? How do you know tht wife doesn't have a salary from some place else? What is his wife's role in the business? What is his?

Ex is a sole proprietor. OP should be able to subpoena the business' financial records. That would show how much was paid to various parties.

 

[amyjrn]

He's the smartest ex in the whole world. He has sent me threatening emails outlying his whole plot

 

[Captain Picard]

He's the smartest ex in the whole world. He has sent me threatening emails outlying his whole plot

And you are the second smartest posting this information in public.

 

[nextwife]

He's the smartest ex in the whole world. He has sent me threatening emails outlying his whole plot

Has he actually FILED for a modification based on what he's telling you, or is he getting YOU worked up enough to yourself be the one to file, saving him the costs? Maybe he's just yanking your chain, and had a modest change in income but is trying to force your hand? If he's not filed anything, he can share all sorts of BS so-called plots with you and it is not illegal.

 

[mistoffolees]

Has he actually FILED for a modification based on what he's telling you, or is he getting YOU worked up enough to yourself be the one to file, saving him the costs?

Certainly people do some pretty foolish things, but that would be VERY foolish.

The cost of filing is pretty small - certainly not enough to matter. If ex thinks he should get a modification, then he should file. If he thinks that his payment would go up, then he shouldn't be stirring up trouble. Under any normal situation, stirring her up to get her to file just doesn't make sense.

(The only even remotely possible scenario I could think of is if he had filed for modification enough times that the judge told him not to ever file for modification again - but that rarely happens).

 

[LdiJ]

Certainly people do some pretty foolish things, but that would be VERY foolish.

The cost of filing is pretty small - certainly not enough to matter. If ex thinks he should get a modification, then he should file. If he thinks that his payment would go up, then he shouldn't be stirring up trouble. Under any normal situation, stirring her up to get her to file just doesn't make sense.

(The only even remotely possible scenario I could think of is if he had filed for modification enough times that the judge told him not to ever file for modification again - but that rarely happens).

I agree with you Misto, but I have actually seen cases where people have done similar stunts (ie, paying the wife a huge salary from their business to reduce their own income). Luckily judges catch on to that kind of stupidity pretty quickly.

The crazy thing about it is that some of the people who try to do it are actually stupid even to brag about it, even to the ex.

I had one idiot client who put not only his wife but all 4 of his children (all under the age of 14) on his payroll at quite large salaries, and not only discovered that it didn't fly for child support purposes, but got him audited by the IRS as well.

He was flabbergasted when I refused to do his tax return, and even more flabbergasted when I refused to help him with the audit after he convinced someone else to do his tax return. I might have bought the whole "family employment bit" if he hadn't bragged to me that he was doing it to reduce child support. Its not illegal for minor children to work in a family business and receive a salary...even really young children, but its as illegal as heck to ghost employ your children to transfer chunks of YOUR income to their lower tax brackets.

 

[mistoffolees]

I agree with you Misto, but I have actually seen cases where people have done similar stunts (ie, paying the wife a huge salary from their business to reduce their own income). Luckily judges catch on to that kind of stupidity pretty quickly.

Oh, I can believe that part very easily. It wouldn't surprise me a bit.

The part that doesn't make sense is for ex to try to stir up trouble as a way to get OP to file for modification.

 

[LdiJ]

Oh, I can believe that part very easily. It wouldn't surprise me a bit.

The part that doesn't make sense is for ex to try to stir up trouble as a way to get OP to file for modification.

Yeah, that part makes zero sense...but its not outlandish for an ex to simply want to stir up the other ex and get them all worried/stewing about it.

 

[amyjrn]

I currently have a motion against him for $12,000 in back child support. Court date is coming up. He is threatening me saying he will file this motion to lower his CS if I don't drop the contempt charges. I'm not really worried. And I'm not really interested is having his CS increased....i just want him to pay his current order. My lawyer says not to worry, and I'm not. I was just wondering if ya'll had seen cases where a NCP had pulled this stunt.

 

[mistoffolees]

I currently have a motion against him for $12,000 in back child support. Court date is coming up. He is threatening me saying he will file this motion to lower his CS if I don't drop the contempt charges. I'm not really worried. And I'm not really interested is having his CS increased....i just want him to pay his current order. My lawyer says not to worry, and I'm not. I was just wondering if ya'll had seen cases where a NCP had pulled this stunt.

Of course. We've seen cases where crazy people tried just about everything you can imagine.

If your attorney is telling you not to worry, then don't worry.