support received and his second income

My stbx has a FT job and he does consulting on the side, has been for years. Since he filed for divorce he claimes he will no longer be putting in much time, if at all, as a consultant. He refuses to provide discovery documentation, only states partial information. I have subpoena'd financial information which shows he has continued to earn income from consulting (in roughly same amounts).

Temporary spousal and child support was based on his FT salary only. After much pursuit of proof of income/debt, my lawyer now says that income above and beyond FT is not usually considered in matters of support. However, if I work overtime I risk losing some support.

Can someone offer a second opinion? My lawyer is tired of me asking for discovery of stbx and won't persue asking the court to impose deadline.

Also, he has successfully petitioned the court to bifurcate the marriage. If he hadn't been forthcoming before, he certainly loses that incentive now. His lawyer has a financial background ...

Thanks a bunch!

by sy 34 Posts
Posted on 6/24/2009 8:00 PM

Get Alerts!

send to friend

Send to a friend

support received and his second income on divorce360.com

E-mail: Separate multiple addresses with commas(,)

From (Your name) :

Your e-mail address:

California legal questions on divorce360.com

0	Flag item :: Why are you flagging item: Submit \| Cancel

Tags: legal , financial , support , alimony , discovery
See more posts in California

Answers for "support received and his second income" (4) (You must be logged in to answer)

Well, his FT job pays $140,000 and his consulting last year was $29,000. I get about $1350 biweekly for CS and SS.

by sy 34 Posts
Posted on 6/26/2009 11:18 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

without actual numbers to work with, what you get for CS, what he makes FT and what he gets freelance - it's pretty much impossible to say....

by spaznskitz 7745 Posts
Posted on 6/26/2009 3:14 AM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Thank you spaz. His consulting income is about 20% of his salary. He has been earning this amount steadily for about 5 years. Do you feel this changes your previous opinion?

by sy 34 Posts
Posted on 6/25/2009 8:08 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

meh -

ever hear the saying why spend dollars to chase pennies?

This is kinda where this falls into.

Secondary sources of income are considered only when it would increase child support by 10% or greater if calculated in. I get the feeling your attorney doesn't feel it would and finds chasing after it to be fruitless.

In that it is freelance consulting work it is pretty damn easy to "hide" that money if need be - and even if you get an order including it - all he has to do is talk to his clients and in a few months, show his income is drastically lower and get a reduction.

Do yourself a favor, if it isn't in your parenting plan already have it set to where he has to pay for extracurricular expenses or something of the sort - get the money out of him that way....

by spaznskitz 7745 Posts
Posted on 6/25/2009 1:36 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.