can my wife use the second business to calculate alimony or child support?
Great question and I beg you to sit down with a good local attny and go over the facts with her or him, most likely you second job will not count towards alimony but it will towards child support. Many more things to consider. google or avvo attnys and sit with a few. they won't bite. Most won't.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Family Law Attorney
It depends on what your income was and the source at the time your child support was initially calculated. If you had both jobs at the time the Order was implemented, then likely that will sustain. If you started the small business after the Order was implemented, then there is a presumption that that income is excluded from consideration for both child support and alimony purposes.
This response is for informational purposes only and not intended to be legal advice; nor is this answer intended to create an attorney/client relationship. Legal advice and an attorney/client relationship can only be rendered after a full in person consultation has been conducted with an attorney wherein all necessary facts and circumstances are disclosed. To the extent additional or different facts exist, the within response may be different.