So now BM is going to take us to court.....
I obviously pissed her off pretty badly with my email, because she is already saying that she is going to take us to court, for more money. Now this woman, mind you, if you don't know the history, married a millionaire two years ago. They have a huge house, three new cars, SS has a go cart, SD is taken around in limos with her friends for her birthday, while DH and I sit here in a cramped two bdrm. condo with twins on the way. She knows I am high risk, and that she probably will not get anymore money with this, all it is going to do most likely, is stress ME out further, possibly send me into pre-term labor. Fine, whatever, bring it on b****. I am so tired of playing nicey, nicey with her. She is the most selfish, unreasonable person I have ever come across, truly. I knew she would always be a problem from the moment I started dating Carl, when she actually withheld his visitation simply because he was dating me, and no, she had never met me. Anyway, we were hoping to get out of this 2 bdrm. place before the twins come, since we have 5 kids in total, but she is obviously going to make that impossible, since legal fees are something we just can't afford. The only good that will come out of this is that once we have something set in stone, and all of the issues have been dealt with legally, we will just do everything by the book. No changes, no bending of the rules just because she wants to, all by the book.
Anyway, I do actually have a question with this rant. BM quit her job when she married the millionaire, because, obviously, she didn't need the money anymore. They now work together running the business, but I doubt she gets an actual "paycheck", though she works full time, more than full time actually. So, how will that play out in court? Does anybody have any experience with a similar situation? I know it is not typical, but any insight would be helpful.
Thanks.
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Don't know the answer
to your question but I just wanted to tell you to try not to get too stressed out. I know it is hard right now but you have to take care of yourself. The most important thing is that you and your babies are healthy. Screw her and hugs to you.
X
Even if a person is self employed they still get a W2. She is responsible for supporting the kds too. Just because a person takes someone to court does not mean they will win. Why get an attorney, anyway its not like you are fighting for custody. The guidelines for CS are bases on a percentage of income by both parents. If she is making more money than H then his could be reduced and her part could go up.
http://www.supportguidelines.com/main.html
Who has juristidction?
You need to check the statutes of the state that has jurisdiction. Some states take into account both parents salary, some only the NCP. Even if she does not work your DH can ask that a salary be imputed to her. Usually it is based on their last salary or minimum wage. When was the last time the child support was reviewed? A CP can have it reviewed every 2 or 3 years or if there has been a significant change in circumstance (like a really hefty pay increase or change in custody). Some states also take into consideration the amount of time the kids spend with the NCP. Check to see if the state allows credit for any subsequent children the two of you have together. Each state is different.
Bottom line, your DH does not have to be represented by a lawyer for this; he can do it himself BUT he needs to do his research before going to court. Every state has a child support calculator. He needs to plug in the numbers to see what his obligation is. Her husbands salary will not come into play because he's not obligated to support the kids. And like Sparky said, just because she wants an increase doesn't mean she will get one.
Will she get a W2 if her name isn't on the business?
Thanks ladies. Will BM still get a W2 if her name is not on any of the business records? Her husband had this business prior to meeting her, so everything is likely in her name. When she married him, she quit her job because she could, so I am worried that to the courts it will appear as if she has no income, even though she is rich.
W2
All the self employed people that I know get a W2 or 1099. Usually the business itself pays its employees so therefore there must be a record of their earnings for tax purposes.
In our case...
She works part time...only 3 days a week. So our lawyer said that if we are to come to that point her income is to be calculated as if she was to have a full time job. She said they would look at her last full time job, skills, how many years have passed since then and calculate a salary as if she was to work full time. Because we don't have to pay more because she has chosen to work part time. I hope it helps.
d
d
She doesn't have to receive
a 1099 or a W-2. And if she is trying to hide income, it's unlikely she would receive either. W-2's are only for employee's and her husband would have to make her an employee of his business and then issue her a W-2. 1099'S would be issued in the business name, and not all income is reflected in 1099's so the only way to truly try and gauge income from a self owned business is through the tax return. It may be still in just the husbands name. In fact, I think it's likely. The court can use this and impute income based on business profits, or they can impute income based on her earning potential. It's going to be tough no matter what. You might consider hiring a forensic accountant to look into this matter, especially if it will cost/save huge amounts in the future.
Thank you ladies...
For all of the great advice. This is very helpful. This is actually the first time I have had to deal with the Legal aspects of things, and to hear that we don't need to secure an attorney for these issues is a huge relief. And to know that they will figure out some sort of income for her, and not just consider her income nil is also a great relief. So thank you! My DH is handling all of this from here, I am out of it, which is right where I want to be. See my separate post for the lovely man he proved himself to be tonight!