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sem3033 · Dec 21, 2007, 11:31 AM

Can anyone tell me if an ex-wife can make any claims to a business that is purchased post divorce? I would like to purchase a business, as I lost my job due to the divorce, and unable for 15 months to seek employment. Only thing I pay is 70.00 a week child support to her. She is re-married to the man she had the affair with ( my next door neighbor) and he owns his own business. Child support is based on imputed income of 25k each party per year. This business will gross 5100.00 a month, and after expenses I will make 2500.00 a month. Can she take me back to court to adjust the child support based on the 5100.00 a month income or 61k a year? I would love to buy this business, but deep in the pit of my stomach, its telling me something... like increase in child support... and whatever she can dig her claws into LEGALLY. Help please... thanks scott

ScottGem · Dec 21, 2007, 11:35 AM

Can she make any claims on the business? No. Can she make any claims against your income from the business? Most definitely. If your income increases from what it was when the support agreement was put into place, she certainly can request a modification. Whether she will get it or not depends on the local formula for support.

sem3033 · Dec 21, 2007, 11:41 AM

Screwed again, as usual the ex husband is...

Synnen · Dec 21, 2007, 11:43 AM

Um... child support isn't for HER.

It's for your KID(S).

You're mad because you might have to contribute more to the upkeep of your kids? How sad.

sem3033 · Dec 21, 2007, 11:47 AM

Not really, its my child and i will support her, but when the money does not go where it's intended to then i get mad... my daughters tell me she is needing clothing and boots again, well where is the money going then?

Synnen · Dec 21, 2007, 11:55 AM

Originally Posted by sem3033

not really, its my child and i will support her, BUT WHEN THE MONEY DOES NOT GO WHERE IT'S INTENDED TO THEN I GET MAD.............MY DAUGHTERS TELL ME SHE IS NEEDING CLOTHING AND BOOTS AGAIN, WELL WHERE IS THE MONEY GOING THEN?

If you're only paying $70 a week--it's probably going to things like "food" and "heat" and "soap" and "water".

ALL expenses associated with a child are part of what child support is for. Do you have any idea how little $70 a week towards a child IS?

That being said--if you think your ex is misusing your child support, you can always ask for an itemized list of what it's being spent on.

If you really don't think your ex is doing well by your child--get a lawyer and go for custody.

ScottGem · Dec 21, 2007, 12:02 PM

Excuse me but what daughter doesn't constantly need clothes and boots again? As Synnen said, $70/wk is not very much. Itsnot uncommon for a kid to play one parent off another. If you are concerned then you ask for an accounting. Before she can get a modification you will have a chance to analyze how she spends what she gets.

But your decision to go intothis business shouldn't be predicated on how it affects your child support. That shouldn't enter into the decision at all.

George_1950 · Dec 21, 2007, 12:11 PM

I don't think $70 is excessive either, if it is based upon your income. When your income goes up or down, child support can be adjusted. In some states, there is a period the custodial parent must wait before seeking a modification, such as only one modification every two years. But look on the bright side: one day your child can choose to live with you and she will give you the $70 per week, to do with as you like.