Legal Question in Family Law in California

Corporate Income

I am the only signer/sharholder/owner of a C corporation that typically grosses about $2000 in income per year, and operates at a net loss after expenses. I've never filed a corporate tax return in the 3 yrs since this corporation was set up. The corporation does have a bank account with me as the only person who can access the account. No dividends have been disbursed due to the limited amt of income this corporation generates.

Q: Can corporate income(either gross income or net income)passed thru this C corporation be used to determine the amt of child support I'd personally owe? Can it be used to determine spousal support?

Q: Ive been requested to provide at a deposition ''any corporate records I have an interest in.'' Must I disclose the corporate bank statements? Are there ways to avoid or decline doing so?


Asked on 9/08/04, 11:43 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Corporate Income

You are part of a corporation, but you don't have a lawyer in your divorce case? Lawyers who file Form Interrogatories routinely ask questions that are legally objectionable. But if you don't serve written objections to the interrogatories within a certain number of days, you waive the objections and you have to answer. This presupposes you know what the objections are. This is why you need a lawyer, otherwise you will be chopped, sliced, and diced as far as having to answer the kinds of questions you don't want to answer, either in your responses to interrogatories or at your deposition.

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Answered on 9/09/04, 12:35 am


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