Legal Question in Family Law in New York
Divorce / Child Support
On December 23, 2006, my wife approached me and said she wanted a divorce. I was suspicious due to recent events and purchased spyware. I didn't know it was illegal in New York at the time unfortunately. Anyway, I found out that she was having an affair since August 2006 online and it became physical in December 2006. Some facts: we have a 3 year old child, the house in her parents name and I own a small business(LLC) with her owning 50%. She currently earns about 100K+ per year and I pay myself a very small salary through the business. I understand that Child support is 17% of my gross salary, but how will that be calculated since I'm self employed? Also how difficult will it be to remove her as a member of the LLC even if she has no capital investment? The divorce is currently in it's infancy and in our attorneys hands for only about 3-4 weeks. Are there any surprises I should expect? Thanks for any advice or help you can provide. I have never felt this lost and hurt before so good advice is very welcome.
1 Answer from Attorneys
Re: Divorce / Child Support
If you have hired a qualified divorce attorney, you've already made the proper decision and are probably getting good advice already. However, to answer your questions:
1) Child support for a single child is calculated based on the income shown on your tax returns - whether you're self employed or not really doesn't matter.
2) Removing her as a member of the LLC will depend upon the operating agreement of the LLC. If you don't have one (and many LLCs don't - though they all should) - then it will be a bit more complicated.
The feelings of being lost and hurt are exactly what most people feel when they find out that a spouse has been unfaithful, and that they're headed for divorce. The only good news is that everyone gets over it - though never soon enough.
Good luck!
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