Opinions?

[hereintexas]

What is the name of your state?Texas
Self-employed ex. States WAY lower income than he made when married. Can't prove of course because of the way his taxes are set up. I just settled at the time of divorce. He even refused to pay for the children's insurance. He's paying $700 for three children. I can't even get him to pay his 1/2 for son's braces or 1/2 of a $20 doctor copay. I looked up his assets on the county's web site. Over $500,000.00. He is arguing about being a month behind on support and won't pay that. I was trying to modify last year just to get some help with the insurance. He apparently had the money to bring an attorney into the free attorney general's office review. Does anyone have an opinion as to what a judge might say? Would he ask how my ex is paying for all of this property on only $20,000 a year or only look at what he states as income? There are some very tricky ways (or smart, I guess) of handing your taxes when self-employed. I'm thinking about waiting until a year has passed and trying to get him to pay for the insurance again. Just wondering.

 

[Inquiry123]

Somebody once said, "It takes money to make money." There are numerous costs associated with operating a business -- not every dollar that your ex brings in necessarily goes into his pocket. There are ups and downs...are you in any position to quantify the changes that may have occured in the business since you've been gone?

On the other hand, accountants and lawyers can be helpful. Money can be moved around in order to grow a business and avoid or defer taxes and other liabilities. So, yes, the meager salary that your ex pays himself might not be a true reflection of the profitability of his business. While he lives on $20K/year, the business might be investing in areas to ensure future growth. Growth that won't be realized in his paycheck until after his support obligation to you is finished.

He was wise to bring an atty to the "free" AG support review. Money well spent. You are, in this case, foolish to expect something for nothing. The AG's attorney's and case workers are simply going to take your ex's income at face value as presented by his atty. What incentive do they have to investigate further than that?

You also have to spend money to make money. Attorneys and accountants may be able to review your ex's books and come up with a very different idea of the ex's ability to pay. Those are the kind of people who can persuade a judge that the ex is paying less than an appropriate amount. Those people cost money.

Is it worth it? How much should he be paying? How many years of support are ahead? You have some idea of what kind of money we're talking about...you'll have to decide if it's worth the effort.

As far as the insurance goes --In TX, the NCP should be providing the insurance at his expense...or reimbursing you for the cost of insurance you provide through an increased support amount. No need to settle for less. Check the link below for more info...
http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000154.00.htm#154.182.00

 

[Content]

What is the name of your state?Texas
Self-employed ex. States WAY lower income than he made when married. Can't prove of course because of the way his taxes are set up. I just settled at the time of divorce. He even refused to pay for the children's insurance. He's paying $700 for three children. I can't even get him to pay his 1/2 for son's braces or 1/2 of a $20 doctor copay. I looked up his assets on the county's web site. Over $500,000.00. He is arguing about being a month behind on support and won't pay that. I was trying to modify last year just to get some help with the insurance. He apparently had the money to bring an attorney into the free attorney general's office review. Does anyone have an opinion as to what a judge might say? Would he ask how my ex is paying for all of this property on only $20,000 a year or only look at what he states as income? There are some very tricky ways (or smart, I guess) of handing your taxes when self-employed. I'm thinking about waiting until a year has passed and trying to get him to pay for the insurance again. Just wondering.

Something doesn't add up here. You say his support was figured at $20,000 right? But he pays $700 a month? That's 8400 a year!!! Which is over 40% of his income. Seems a little off to me. Are you sure your correct about the earnings amount his support was based on?

 

[nextwife]

I looked up his assets on the county's web site. Over $500,000.00.

I'm in real estate, and I often run into people misunderstanding what equity actually is. You looked up the assessment VALUE, have you looked the combined mortgages/liens/judgements against the property? Unless you know what he owes against it, you don't know is he has $500,000 worth of assets, or a property worth $500,000, purchased using an 80/20 loan product with zero equity, or something in between. I even have seen people financed at 120% of value!

 

[hereintexas]

Thanks for the replies. I do know what equity is. He could have refinanced some of his land for some reason since the divorce, but at the time of the divorce, he didn't owe much on it. As for about $250,000 of this assets, he received the home/land he is living in from his father's passing. I know for a fact it was already paid for. As far as his business goes, he's had it for 26 years. The building is paid for as well as his equipment. This is the same business that he supported us on, paid all expenses with, and always seemed to have spare cash. It literally went in one day from paying everything to doesn't have a cent. I certainly don't expect him to pay everything anymore. I have a degree and am employed. I only want to go back in to get help with insurance. Thanks for the link to the info on that.