Legal Question in Family Law in Florida

Ex Wife's Salary and Rental Property Income
My ex had herself added as an ''owner'' on her current husband's rental income property deeds even before they were married, and used that ''ownership'' as collateral in obtaining loans.

We agreed to exchange financials every 2 years in order to see if child support should be modified. We are set to do this exchange this April. She reported her salary to me, but left off the rental income. Her husband stated that last year, due to repairs he made, the rental property is showing a $15K loss on their taxes and if I want to include it, it will only reduce her reported income.

I believe that since the repairs were a one time shot, and they are back to collecting profit this year, she should at least report a pro-rated income from rental properties that should be added to her reported salary.

Additionally, her reported salary was in mid $30K's. She is a paralegal. That is the lowest she's made in 10 years. Shortly after our divorce she was making close to $50K. Should I have her investigated for ''imputed'' income?

I've never been late in child support, I always pay what's expected, but I just want what's fair going ahead.

Asked on 3/12/08, 3:46 pm

2 Answers from Attorneys

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Re: Ex Wife's Salary and Rental Property Income

If you are exchanging financial information, then you can tell from tax returns whether she is receiving additional income and whether she is underemployed. There are many variables to rental income (depreciation, repairs, mortgages, other expenses), I am not sure you will be able to convince a judge to modify child support based on the net rental income.

Answered on 3/26/08, 2:24 pm

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