Legal Question in Family Law in California

My current wife and I have custody of my two children from a previous marriage. We have a sole proprietorship that we are considering changing to a partnership. My ex wife, who has moved two hours away since the divorce, is trying to change custody from 80% to 50%. My wife and I think it's because she wants child support.

Will my wife's share of the 50/50 partnership share be calculated for child support? What if I instead keep the sole proprietorship and put her as an employee for the work she does?


Asked on 6/18/14, 8:01 am

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

If the sole proprietorship is community property, or community property with a separate property interest; changing the title is not going to make much difference to child support. If your wife actually works for the business - then if she is paid wages for her work the business expenses will increase and your business will make less money. Consequently child support will be lower than it would otherwise be. (unless court finds that despite paperwork - your wife is not performing work for the company.)

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Answered on 6/19/14, 9:36 am


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