Start Your Divorce Today - Premium Divorce Online

Page 1 of 2 1 2 >
Topic Options
#770806 - 10/12/15 01:59 AM ex-husband hides money from his 2 LLCs
singlemom34 Offline

recently joined

Registered: 10/12/15
Posts: 1
My ex husband has a full time job and owns 2 fully operational LLCs (one of which brought in over $100K in 2013 alone). Somehow, he's been able to have his child support calculated based on his full time job and nothing else. He manages to hide his business accounts from Domestic Relations. Recently, he took me back to DR for the third time this year trying to get the support lowered again. I'm working 2 jobs, over 60 hours a week - with primary custody of my daughter. How can I force him to bring his 2014 returns from each LLC to the table for calculation?

Top
#770807 - 10/12/15 06:19 PM Re: ex-husband hides money from his 2 LLCs [Re: singlemom34]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
Not really sure I think you should be entitled to a piece of that. He is WORKING, you are getting a percentage of that money. If he is working EXTRA hard, that money should be HIS.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

Top
#770808 - 10/14/15 09:51 AM Re: ex-husband hides money from his 2 LLCs [Re: singlemom34]
Goodmom Offline
Pooh-Bah

Registered: 06/17/07
Posts: 2202
You would need to take him to court and file a motion for him to provide all of his financial information regarding all sources of income.

However; it's going to be an uphill battle as it is easy to hide income when owning a business. To combat that you will need a forensic accountant. And that is expensive.

But before you consider that, you will need to read up on your state's laws. Some are shortsighted and wrongly don't include all income like they should. If your state is one such state, then your battle got more difficult. As it is likely that they will only use one source of income, usually the higher one but it's going to be expensive proving which one is higher.

Top
#770809 - 10/15/15 05:13 PM Re: ex-husband hides money from his 2 LLCs [Re: Goodmom]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
How is it "shortsighted" to not include EXTRA money a person made from working EXTRA time, so they can buy EXTRA stuff?

Just curious, since you appear to think if a person DECIDES to work longer hours, the CP should get a piece of that, if an NCP choses to work LESS hours, should the CP be forced to accept LESS money?
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

Top
#770810 - 10/20/15 09:27 PM Re: ex-husband hides money from his 2 LLCs [Re: gr8Dad]
oldsmom Offline

member

Registered: 06/08/15
Posts: 100
This is heavily varied between states. In my state, you can only get child support for consistent income from a solid job. I think this is a fair decision because if a noncustodial parent gets overtime for four months, and then nothing, theoretically the custodial parent could go after more child support even if it's not a proven source of regular income.

Top
#770811 - 10/22/15 05:38 AM Re: ex-husband hides money from his 2 LLCs [Re: oldsmom]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
In regards to child support AND alimony, I have always found it wrong that the ex spouse gets to SHARE in the increases, but are PROTECTED from decreases.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

Top
#770812 - 10/25/15 12:01 AM Re: ex-husband hides money from his 2 LLCs [Re: gr8Dad]
SRS Offline

Carpal \'Tunnel

Registered: 11/05/10
Posts: 2585
I took a $600/month decrease when ex lost his job due to health issues.

It was bull....he gets a pension and a retirement check from the government instead of working. I have to get my happy butt to work everyday and totally support our children. He's currently in arrears, don't ya know.

Top
#770813 - 10/26/15 10:11 AM Re: ex-husband hides money from his 2 LLCs [Re: SRS]
misty321 Offline

recently joined

Registered: 10/25/15
Posts: 9
Dad, it depends on the state, but in general if your "extra" jobs are a permanent feature of your life, they are viewed as part of your income. If you're working overtime now and then, or you take an extra job to make ends meet during some emergency, that's a different matter.

The other thing is an LLC can generate significant income that doesn't stem from your own work. If you have employees and they're busting humps for you, and you're taking home $60K profit each year, then yep, that's part of your income. Your children are entitled to a slice of it.

Which also means, OP, that your lawyer needs a look at the financials for the LLC. Hire a good lawyer and an accountant to go over the records and returns. If he's hiding money this is also a matter for IRS.

SRS, if your ex is in arrears, will your state support-collection agency enforce and intercept the money?

Top
#770814 - 01/07/16 07:03 PM Re: ex-husband hides money from his 2 LLCs [Re: singlemom34]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 880
You would have to find out what the net income is of each LLC. Taking in $100K gross doesn't mean there was any profit.

Top
#770815 - 01/21/16 04:33 PM Re: ex-husband hides money from his 2 LLCs [Re: MinnesotaMom]
Singlemommythang Offline

recently joined

Registered: 01/21/16
Posts: 7
I had the same thing happen to me. In fact, my ex transferred his business to his girlfriend (he shut his dba down and she opened a carbon copy) to hide money from child support. I fought for 2.5 years, represented myself for 9 of those months. It was exhausting on many levels, but we proved that he did this and the Judge imputed his income to include the money from the business he transferred.
I'm sorry you are going through this. I feel for you. I've gone through it. The state department is useless in this sort of battle/discovery. If you have proof - at least a smidge - you need to get an attorney to help you. You need evidence. Actually before hiring an attorney - see what sort of evidence you have/can get.

Rachel
Singlemommythang.com

Top
#774342 - 02/16/18 02:34 AM Re: ex-husband hides money from his 2 LLCs [Re: gr8Dad]
BeatDad Offline
recently joined

Registered: 02/16/18
Posts: 9
[quote=gr8Dad]In regards to child support AND alimony, I have always found it wrong that the ex spouse gets to SHARE in the increases, but are PROTECTED from decreases. [/quote]

Though you find it wrong, it is the reality.
Support is essentially the tax - based on the gross income and with the floor (good luck getting CO to decrease).
_________________________
Please help! Support my son's fund here.

Top
Page 1 of 2 1 2 >

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: