My current wife and I have custody of my two children from a previous marriage. We have a sole proprietorship that we are considering changing to a partnership. My ex wife, who has moved two hours away since the divorce, is trying to change custody from 80% to 50%. My wife and I think it's because she wants child support.
Will my wife's share of the 50/50 partnership share be calculated for child support?
2 Answers from Attorneys
The answer to your question is not simple, at least for this business-law attorney. I'd say the answer involves family law much more than business law, and I'd suggest you re-ask it under that LawGuru heading so it'll be seen and answered by lawyers who won't be guessing.
California law provides that the income from the new spouse income cannot be used when calculating child support. The new spouse income is used only to determine the taxes paid by the supporting spouse. The problem you have is how you can convince the court that your wife receives 1/2 of the profits as her income. Preparing a document that shows each of you own 1/2 of of the business. Then prepare a check for each of you for your share of the profit. Then each of you should have a separate bank accounts. Continue your joint account to pay household bills. Each of you should contribute to the joint to maintain funds to maintain the household
This procedure should work but I have not seen this particular situation. You should review this plan with an attorney that is familiar the local judges.
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