My husband and I are in the beginning stage of divorce. Not separated, not sure if he has consulted with an attorney yet. My question is regarding changes in his salary in the past and how this will impact child support. About 18 months ago, he left a job with a firm to become part owner of a small business. He receives a salary and will also have part of profit sharing as the company grows. When he left for the small business, he took a $50k pay cut. Once he reaches a certain benchmark of profitability with the new company, he will receive a $70k raise and profit sharing once a year. He has been vague about when this raise will occur. I am concerned that he told his partner to delay his raise until after we separate or divorce. What can be done about this? He has lied about his finances in the past, and would certainly do it in the future. For reference, we have 3 kids under 7. I work part-time, he makes 3-4x my salary.
Layperson/not verified as legal professional. This is an excellent situation for an attorney. There are decrees that require an annual submission of tax returns and a CS adjustment based on significant income differences from the previous year. He obviously isn’t going to want to do this as increased profit could increase CS. Your attorney will know best if this is something your judge will consider if ex doesn’t agree. You may also hire a forensic accountant to go through the financials, but these folks typically aren’t cheap. Your attorney will be able to discuss if it’s worth it. Consulting with an attorney about options is the way to go here.
Attorney. Propound discovery - if you aren’t sure how or what the process is like, I would pay for an hour or two consultation with a Utah attorney to talk about options on how to receive proof of his claims. Generally, you can propound written questions under oath, demand production of specific documents, and potentially subpoena documents from the business entity. I would demand the documentation from him showing any timeline as to when a raise could occur as well as the written terms of his pay. Ask for profit sharing plans, etc. Subpoena records from the business including any offer letter and correspondence related to his hiring and potential promotion. I’d also ask for things like the general ledger / stock / perquisites he has access to.
Layperson/not verified as legal professional. Child support can always be adjusted according to changes in either partner’s pay.