Legal Question in Family Law in California

My ex is saying he is an independent contractor with a very large amount of business expenses every month. He works for his father and gets medical insurance for him as well. I believe he is just trying to get child support ordered at a very low amount. What licenses are needed for one to be a real independent contractor in California?


Asked on 4/09/12, 10:18 pm

4 Answers from Attorneys

It depends entirely on the profession. If he is getting medical coverage, however, chances are he either is not an independent contractor, OR they are committing insurance fraud, since I know of no health care coverage that permits an employer plan to cover independent contractors.

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Answered on 4/09/12, 10:28 pm

P.S. Ask for taxes. Family law is the one legal exception to the absolute privilege for tax returns. Make him show a 1099 from his father, and self-employment schedules in his tax return, before you even consider accepting his argument. Also, if he actually does get a 1099, make him provide the back-up for all the deductions on his Schedule C.

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Answered on 4/09/12, 10:31 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Mr. McCormick is correct. You can also use discovery to make him produce proof of those expenses and subpoena his bank records to verify those expenses. For further information, visit http://www.ellifritzlaw.com

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Answered on 4/09/12, 11:00 pm
Damian Nolan Law Offices of Damian Nolan

Because it appears that yor ex may be trying to hide income you should retain the services of an attorney to assist you. That way, proper discovery can be propounded, including tax returns and bank statements etc. If you do not have the money to hire an attorney, file an application with the Cort for attorney fees to help you litigate the matter and level the playing field.

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Answered on 4/10/12, 9:27 am


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