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My estranged wife and I are finally exchanging documents between our lawyers after 2 years of her waiting on legal aid. She has served me with divorce papers looking for child support and full amounts for childcare. She has included her last 3 years of income tax returns for valuation of her income. My problem is this: her multi-million dollar brother has started a real estate holdings corporation and has provided her with a custodial job in his building. He is paying her at the rate of $832 bi-weekly. However, what her filed documents do not show is her unrestricted use of the corporate vehicle (for all intents and purposes it is her personal vehicle) nor does it show that she is living in a house belonging to the corporation paying little or no rent. Is there a way for me to put a monetary value on these corporate perks? It's an important issue, as we've been sharing custody of our 4 year old son equally for the past 2 years , and I intend to apply to the courts if necessary to continue this arrangement, and her financial means will be taken into account to determine the amount of support I will pay.
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Hi somehandy,
Yes, benefits like these would be included in your estranged wife’s income. They’d be valued at market rates. Given that this is rent of a house and car, it should be fairly easy to collect this sort of information. If she’s not declaring this income on her tax return, you could also argue that income should be imputed to her on the grounds that this is equivalent to non-taxable income and so there are tax benefits to her as well.
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