My husband is being taken to court for child support from a one night stand resulting in a now 2 year old child. My husband owns a business in addition to a full time job. Does all of the earnings from that business factor into child support even though we file our income taxes together along with said business? We have rental properties that produce income that belong to me as well. Also, does all our combined income go on his CIS even though I have no obligation to support that child? We have 3 children within the marriage and it seems as if this other child is going to fare better that our four that we have previous to this.
His income from the business is income. Reducing it voluntarily (like giving you the business) will likely not help, so speak with an attorney before any court date to get the best ruling possible and ensure that the forms are properly prepared so you don't make a mistake that can cost him money. While it was once a one night stand, it is now at least an 18 year and 9 month stand from that date.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
All his net income after taxes are considered for child support purposes. Your income does not, which means half of the net rental income and any portion of the business income that is attributable to your ownership is not considered. The guidelines have an adjustment called the other dependent deduction that permits a calculation of how much child support he would owe for your children to be taken into consideration. This calculation reduces the child support for the new child somewhat but not as much as if he had an outright child support order for them. The amount for 3 children is less than 3 times the amount for one child because of the way child support guidelines take into consideration inremental costs for each additional child in the same household. You have no obligation to support the new child, but your income will need to be disclosed if he wants to seek the other dependent deduction reduction because it is used in that calculation.
His income from the business will be used in calculating his child support, as will any other income he has. Your income is not used. Consult with any attorney to further understand the process.
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