Legal Question in Family Law in California

My husband is a Chiropractor and is self employed. He does most of his paper work and occasionally treats his clients from home. We have been married 5 years and have 2 children. His has had this business before I came into the picture but I do help take care of the kids while he is working, help with calls to clients, schedule appointments, keep his calendar and go to functions related to his business. We also have another business that we recently started unrelated to Chiropractics last year. We write off part of our house as his office, supplies, cars, etc in taxes and we are his dependents. Am I entitled to any part of the business? If so, how and what are my legal rights as his spouse. Since being married, we started children right away and I never worked. Can he hide his income or adjust his wages to lessen his obligations to me and the kids? What documents should I have to show proof of the earnings, entitlement and obligations. Could I lose my children because I am not technically employed?


Asked on 9/29/09, 12:59 pm

1 Answer from Attorneys

You most likely have some interest in his chiropractic business, but how much is impossible to say in this forum. The business started during the marriage should be community property entirely, absent circumstances such as separate property being used to fund it, which would complicate the analysis.

If you divorce it is illegal for him to hide income or adjust his wages to lessen his support obligations. Proving what he really earns is the complicated part. You'll need an attorney to help you uncover the books and records that will establish that.

Child custody has nothing to do with employment, unless you are so busy with a job you can't care for them and the other parent can. You will, however, be expected to begin looking for work as a condition of your spousal and child support orders, unless you can prove you can't work for some reason.

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Answered on 9/29/09, 2:15 pm


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