help/contempt of court

[dcsr]

What is the name of your state? OH

My husband & I have been married for 10 years. For all these years, he has always paid his ex-wife child support. He has "Shared Parenting" with her, the week is basically split in half. A few years ago, (after divorcing husband #2, and leaving "live-in" boyfriend) she files to have child support raised. My husband & I own a corporation and he is the President & I am the Vice President. At that time, all profit checks were put on his W-2 income, when 1/2 of the profits should have been mine. Anyhow, she was granted the higher cs amount. Since then, our business took a downward turn, and my husband was unable to continue paying the higher amount. He told his attorney several times that he (the attorney) needed to do something. Well, my husband took it upon himself to lower the cs to what it was before the increase. Needless to say, the ex-wife filed contempt of court charges against him. His attorney has filed with the courts stating that he (the attorney) will no longer be representing my husband. The ex-wife's attorney has asked for my personal bank statements not sure why. My husband is supposed to go to court on the 23 of August and we can't afford another attorney. Please, any suggestions would be most appreciated.

 

[haiku]

What is the name of your state? OH

My husband & I have been married for 10 years. For all these years, he has always paid his ex-wife child support. He has "Shared Parenting" with her, the week is basically split in half. A few years ago, (after divorcing husband #2, and leaving "live-in" boyfriend) she files to have child support raised. My husband & I own a corporation and he is the President & I am the Vice President. At that time, all profit checks were put on his W-2 income, when 1/2 of the profits should have been mine. Anyhow, she was granted the higher cs amount. Since then, our business took a downward turn, and my husband was unable to continue paying the higher amount. He told his attorney several times that he (the attorney) needed to do something. Well, my husband took it upon himself to lower the cs to what it was before the increase. Needless to say, the ex-wife filed contempt of court charges against him. His attorney has filed with the courts stating that he (the attorney) will no longer be representing my husband. The ex-wife's attorney has asked for my personal bank statements not sure why. My husband is supposed to go to court on the 23 of August and we can't afford another attorney. Please, any suggestions would be most appreciated.

***First off, the courts primary concern is the children getting the financial help they are entitled to. The minute he could no longer afford to pay the support amount, he needed to petition the court himself, before the contempt was charged, and while waiting for the court date, continue to pay what he can, in good faith. (this is a hint to start sending SOMETHING if you havent already) Be prepared that even if you got a reduction, they will have ot tack the support you have not paid on with it, until paid up in full.

now most importantly,

You cannnot afford NOT to have a lawyer, beg, borrow and steal, but you NEED one, every time you deal with the court as a self employed person.

Also, why do you not have an accountant, and if you do, why in the world were you giving all the profit on a company you partly own to your husband?

You, yourself, are missing out on YEARS of your own Social Security, and that is NOT good!

And it is also the reason they were able to figure child support on your half of the business income. you cannot just walk into court and say "Half of it is mine!" you have to show real proof. And that would be your drawing a salary from the business.

Your personal income as the step mother has nothing to do with child support, The only thing the court has a right to see are the things with your husbands name on them.

If the lawyer wants to see your own personal accounts,(ones without husbands name) he has no right to that unless he supoena's you. And if that is the case here, I once again state, you and your husband NEED to pay for a new lawyer.

 

[nextwife]

It makes NO sense whatsoever for you to not draw all the salary you've earned and show it as income to you rather than him. Your salary would not be subject to CS. Showing it all as his is insane and shooting yourselves in the foot

I agree. Get a good attorney and deal with paying back the arrearage. and get an accountant. Maybe they can work back through your books and do ammended filings, even if some tax penalties are involved. Once he can, he should file for a modification. But if you two are still reporting all salaries to him, you are fiscally killing yourselves..

 

[dcsr]

***First off, the courts primary concern is the children getting the financial help they are entitled to. The minute he could no longer afford to pay the support amount, he needed to petition the court himself, before the contempt was charged, and while waiting for the court date, continue to pay what he can, in good faith. (this is a hint to start sending SOMETHING if you havent already) Be prepared that even if you got a reduction, they will have ot tack the support you have not paid on with it, until paid up in full.

now most importantly,

You cannnot afford NOT to have a lawyer, beg, borrow and steal, but you NEED one, every time you deal with the court as a self employed person.

Also, why do you not have an accountant, and if you do, why in the world were you giving all the profit on a company you partly own to your husband?

You, yourself, are missing out on YEARS of your own Social Security, and that is NOT good!

And it is also the reason they were able to figure child support on your half of the business income. you cannot just walk into court and say "Half of it is mine!" you have to show real proof. And that would be your drawing a salary from the business.

Your personal income as the step mother has nothing to do with child support, The only thing the court has a right to see are the things with your husbands name on them.

If the lawyer wants to see your own personal accounts,(ones without husbands name) he has no right to that unless he supoena's you. And if that is the case here, I once again state, you and your husband NEED to pay for a new lawyer.

State is Ohio
A couple more questions. Because of his arrearages, the ex-wife got our tax return this year. We filed a joint return, andI have W-2 income in that tax return, can they do that?? I have a W-2 & my husband has a W-2 showing our incomes separately.

Regarding my personal bank accounts, my husbands former attorney (the one that just quit representing him) said that I had to turn them over to the ex-wife's attorney. My husband received a letter from the ex-wife's attorney stating that if my husband didn't cooperate, he (her attorney) would file for a "full disclosure". What is that?

Any advise would be great!!!

 

[haiku]

as far as the tax return, if some of that money belonged to ONLY you. you need to file an "injured spouse" return, right now. www.irs.gov will give you better info than I can about it, and what the time limit is.

As for your second question, I cannot really answer, as I have never personally had that happen to me, and I would get MY own lawyer if it did, the ex has NO right to my money. full disclosure likely means they will supoena the banks themselves or something like that. But as said i am not familiar.

this will bump you a bit and someone who does know can help you.

Likely they are asking for yours, due to the arearages and request to lower support. they are wanting to prove your husband is hiding his money through you.

hopefully since last post, you are having your accountant prepare your finances for court, to prove there is no way you can be hiding anything. and are lining up a NEW lawyer, right?