Home > Legal > Questions & Answers > Child Support > My ex-wife has a business with her new husband, is the income from the business considered in calculating child support
My ex-wife has a business with her new husband, is the income from the business considered in calculating child support
Absolutely. Figuring out child support is just like figuring out taxes. Income is any income from any source, however derived. If she is making money from a business then it counts towards child support.
I am not a family law attorney, but having helped family members go through the process in Wisconsin, it would seem to me that anything that is reported as income, is income for purposes of taxes and child support. So, if ex-wife takes home a paycheck, or reports as income earnings from the business, my guess would be that the income should be included. (If they file jointly, I would suppose it would be proportional to their interest in the business.)
That being said, this is really a family law matter and you should contact a family law attorney about it. The amount you pay an attorney to sort this out could very easily be recouped by the savings in child support if the amount you owe (or she owe's you) is not being properly calculated.
Yes it is. You can check the Oregon Adminstrative Rules (OARs) online at the website for the Division of Child Services, Oregon Department of Justice. The definition of income is very broad, and there's a specific section that discusses Income from the operation of a business.
