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I Want To Get Divorced, But My Husband Just Started A New Business. I’m Afraid If I Get Divorced Now, The Alimony And Child Support Will Be Based On His Lower Income. What Can I Do?

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You have a few options. First, you could ask your husband what he is making. He may give you a truthful answer, and you can use that information to decide if you want to file for divorce or not.

You can go ahead and file for divorce, and then your lawyer can subpoena your husband’s business records.

However, it can be very tough to determine the income of a person who is self-employed, especially when the business is new.

You can also request a copy of the personal or income tax return filed with the IRS.

If the business is brand new, this may not be an option because the business may not have filed a return yet.

It’s natural for you to want to file for divorce once his finances and income are where they should be, since your alimony and child support will be based on his income and assets.

However, if you decide to wait until your husband builds up his business to the point where you believe it should be, you may end up in an unhappy marriage for years.

The business may never give him the kind of income you believe it should.

Also, keep in mind that alimony and child support can be modified later.

If you believe he has an artificially low income now, you could try to reach some type of agreement that will allow the amount to be changed every year if there’s a change in circumstances later.

If you have questions about what to do concerning the timing of your divorce and money, call Florida divorce attorney Dale Bernstein.

He works with clients in Pasco, Hernando, Pinellas and Hillsborough Counties.

Call to schedule your free consultation or to learn more about his practice.


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