How is child support determined when my ex owns his own business?

Question

I know how they determine child support for other situations, but I cannot find any information on if you are dealing with someone who owns the business. Any information would be helpful!!

He purposely is making himself out small paychecks just so he won't have to pay a lot. But this doesn't seem right if he is the owner... I'm just getting the paperwork ready to file. But I was curious if his method of making himself out a small paycheck was really going to work. ?? Thank you!!

I'm just asking a question in general. Did I say I even filed for child support? Did I say we weren't trying to work it out on our own? I don't appreciate being attacked for asking a question.

Answer 1

Why can't you work something out with him instead of using the child to get every penny you can from the guy. Why do so many women try to get so much from a man when they separate. When I separated from my husband we worked it out to where I would buy the school clothes and summer clothes and sneakers or shoe's during the year my son needed. The one who had insurance coverage kept the insurance on our child. Which was me cause i had the steady job for 10 years. Then the rest we played by ear. It gave us both the chance to get on with our lives. And neither had to struggle so badly. We both moved on with our live's. I'm also a step mom and have to deal with my husbands child support and we practically live in poverty cause of what we pay and my husbands x-wife has it made.

There were time's when I didn't have that much and my X-husband would say he would take care of it. And also he had a hard time and he came over to bring my son and I gave him money to get a new start from me and my husband. I can tell you thing's work a lot smoother when you can be civil then trying to S**K them dry.

My now husband his X-wife could care less if we live on the street, as long as she get's her money. My husband could have a heart attack and his X-wife wouuld only care how much she would get, and from where. That's really sad if you ask me. To have had a child and treat each other so badly. I always say the court's may decide it but it doesn't make it right.

Answer 2

I have no personal experience but I had a friend whose husband had his own business and also put down that he only make like 50 a week or something, the judges know this old game, and there is a fair amount that they would tell somebody to pay for a child, remember that they deal with these type things everyday. You should have your own lawyer for advice on just this kind of thing and your rights.

Answer 3

Relax. His scheme will not work. The courts go back at least three years for the proper determination of child support. You WILL get the court-ordered support for your child, regardless of his income. But keep in mind, you will get no more than you are entitled to for the care of your child. Child support payments are not intended to support you. Period. Divorce is tough. It's a 50/50 proposition. That means that he will only be held responsible for half of the determined cost of raising your child in the environment that he or she is accustomed to. You will be expected to pick-up the other half.

On the up-side, you have custody of your children. He does not. In the end, he is the loser. You won. You got the kids, and you'll get a check every month. So what else do you want? I know a couple of 'ol boys who will cut off his jewels for a case of Budweiser and a can of Copenhagen; but I'm inclined to think you don't want to go there.

Just tell the court what you know. He's hiding profits. He's trying to make himself look impoverished to avoid his responsibilities. Don't fall for it. Just take him on.

Good luck.


Rex

Answer 4

It depends what country you are in but it is based on around 27% of his income. What he chooses to pay himself is only the start of the 27%, they will also look at the business income as that is part of his earnings also. The business' balance sheet, profit and loss statements will show exactly what he is earning as a profit.
Oh and while your at it, go for half share of his business. You're entitled to it and you will get it. Get a good lawyer, they'll do the work for you. He's stuffed! Best of luck to you.

Answer 5

My best advice to you is, find out the laws in your state... I can sit here and go into details about child support, but I will only be telling you about the laws of my state (MD)...

Like most of the people (excluding those who had negative comments) have said, when dealing with child support, both parents have to show their income earned for the past year or so. Since the two of you are/were married, your past taxes will do just fine.

Answer 6

I would assume they would go by his annual income. i.e. information from his W2's. I'm not sure what state your from but here in Illinois, there is a website for Children and Family Services. On the website it provides a number of case workers. I am sure if you did a search for your state, you should be able to find a number where someone could assist you.

~Michelle

Answer 7

Even though he is issuing himself small paychecks don't be fooled. Because the courts wont be. They will require him to backup his income with his tax returns as well as bank statements (both individual and business related). He can try to hide what he makes, but the courts in these situations tend to be all knowing, at the very least they are extremely inquisitive regarding finances.

Answer 8

I would think they would go by his W-2 forms for the entire year and then break it down, if he owns his own bussiness then the paychecks he makes out for himself don't realy mean jack, they will consider his overhead and everything by using his tax records then they can figure out how much he profitted for the year and go by that, I am not sure this is how it works but it seems much more logical than going by his own paychecks when he owns the bussiness.

Answer 9

I would agree with the unfair attack. Just because you want your child's other parent your a bloodsucker. How dare we demand that the sperm donor live up to the finical aspect of being a parent? Sorry about the sperm donor crack can ya tell lots of hostility toward my ex? Any how if you do find a way cut him off at the knees then let me know please. My kids dead beat dad is doing the same thing and it drives me crazy. Of course it does not help when the judge seems to think he can do no wrong either. OK sorry again not answering your question just telling my problem now. But I want to let you know that the snotty little answer was uncalled for in my opinion too. I wish you luck and wish that we as woman would have a radar that let us know who is going to suck for the rest of their lives so we can stay away from them. Again lots of luck darlin'.

Answer 10

If he owns the business himself, they will base it on his gross income from the previous year ( I think). If he owned the business when you were still married, you should have a copy of or access to his tax info. That should help you get the money he should pay.