Cortlandt Manor, NY asked in Divorce for New York

Q: my divorce settlement states that my ex husband is to provide a copy of his income tax papers every year.

two years after divorce he did take me back to court to adjust the child support - he had left his job and started his own company. The personal income tax papers he provides show very little income. Should he be providing his business income papers - the significantly reduced child support is based on the personal income he is showing. Please let mek now if I can request his business income rather than his personal income papers and how I can do this. Seems to be he has outsmarted the system.

thank you,

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1 Lawyer Answer
Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: This depends on how he is filing for his business. If his business is a corporation and filing separately as a corporation, then yes you should also receive his corporate return. If he is self-employed and does not file a separate corporate return, then he is recording his income and expenses on a Schedule C which is part of the personal 1040 return. You should scrutinize the Schedule C to determine if his expenses are inflated (this would include depreciation, advertising, meals and entertainment, etc). If he files a corporate return, his expenses will be listed on a separate schedule and again you can see what he is deducting. He is using a tool to reduce his income; you just need to figure out what it is. Support magistrates understand how income can be manipulated. If you want to explore this, and if he is not being up front, you may need to take action in support court. Please understand that this is not attorney advice. I have no idea what your procedural or factual history is. My response is in general terms only. Good luck.

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