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Author Topic: What will happen if...  (Read 1296 times)

SunniCali

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What will happen if...
« on: Mar 09, 2005, 02:40:23 AM »
my dh goes to work for me?  I mean, how deep can they dig into my books for child support information?  I feel that I should be treated as any other employer but I am concerned that our marriage may change something in the eyes of the court.  The business was mine before our marriage.  


joni

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RE: What will happen if...
« Reply #1 on: Mar 09, 2005, 03:36:38 PM »

They would look at his wage compared to his market value for his qualifications.  They could not look at your books or your financial information other that what's disclosed on a joint return.

I work for my DH too.  This was just looked at during trial with his Ex for CS.  On our joint return, I blanked out the sources of my income and left just the amounts.

I am his business manager.  I have 20 years experience and I'm a CPA.  Actually, I'm being paid about 50% under market value because my husband can't afford to pay me more.  The Ex's atty tried to make an issue out of it and the judge told her to move on.  It was ridiculous to suggest that money was being shifted to me to lower his wage to get out of paying more CS.  Even the judge thought my wage was justified and that I was underpaid.

As long as your DH is being paid market value, there wouldn't be any issue.  If he's being paid less and you're making an extraordinary amount of money more, it would look like you were shifting some of his wages away from him to you to avoid paying more CS.  If you're both making under market and it's proportionate and makes sense, you may be OK, like is it a new business?  Are you still growing?  However, if he's substantially under market, the judge may input income for him.  

It's all about his ability to earn his potential and any avoidance otherwise.  They would ask, if he working for you to make less money?

SunniCali

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That makes sense
« Reply #2 on: Mar 10, 2005, 01:38:53 AM »
and that's what's fair.  It's not that I'd be hiding anything or something like that.  It's just that she's a PBFH that gets into everything.  I don't think the way that she does and so I don't know what to protect.  It's always after the fact that I realize that I didn't protect myself or I should have put a passcode on my personal information (down to my personal auto insurance carrier).

My income comes from four sources and it is substantially higher than hers (or dh's).  I know that the courts are not supposed to 'consider' my income, but I know that it's not 'by the book' in the courtroom either.  

joni

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RE: That makes sense
« Reply #3 on: Mar 10, 2005, 11:08:19 AM »


I understand.  I have the same concerns and suspicions.  For that reason, my husband and I have everything separate, which the exception of our joint tax return.

The disputable question is this....if your DH making his market value salary by working for you?  If not, the judge may impute income to market value for him since he's chosen to make less by working for you.   I would think that would be the extent of your vunerability.

 

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