Legal Question in Business Law in Maryland

corporate law protection

iam starting a new business and i need to know if i incorporate will this protect me from my exwife ablility to get an increase in childsupport. Also keep her from geting her hands on corparate money. Thank You


Asked on 4/06/06, 10:30 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: corporate law protection

This will not affect your child support responsibilities. As to your second question, your ex has no claim on your business assets once you are divorced and all property issues have been resolved. If you have some personal obligation to her and you try to shield your assets by transferring them to a corporation, that will probably be treated as a fraudulent conveyance and you won't be able to shield those assets.

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Answered on 4/06/06, 11:43 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: corporate law protection

You question involves several matters which should be discussed with an attorney. Rather than my covering all the possibilities and issues I would prefer to discuss this matter with you by phone.

In short the answer lies in the type of corporate entity that you plan to open, projected income of the entity and the method by which you are to receive compensation. Proper planning is needed otherwise you could see a modification of child support hearing that may result in an increase in support payments.

Any funds that you use to establish the corporation are free of any claim that she may bring pertaining to your divorce. This assumes that these funds are either from post-divorce sources or were resolved through the divorce.

Give me a call and let's talk.

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Answered on 4/06/06, 6:54 pm


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