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Need some direction/assistance with self employed

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  • Need some direction/assistance with self employed

    I need some guidance with trying to decide if it's worth persuing and challenging my ex's self employed business and the income.
    I have been served with a motion (not directly related to this) and finally after 2 years of asking for their income was given this information (but of course it has not been filed with the courts)
    Ex agreed and continues to jump all over the imputed income that was first presented a few years ago ( my at the time lawyer) pushed I go for that amount cause at the time my ex did not want to pay child support) so was convinced that anything is better than nothing.
    Now looking at his financial info that he supplied, there's alot of questionable items- excessive expenses and I can't imagine how he is surviving on what he claims to make a year on his line 150... Way below normal minimum wage.
    Where do I start? I'm getting totally confused looking at this... I am looking to see if this is even worth the fight and agony.
    Last edited by tugofwar; 06-12-2013, 11:47 PM.

  • #2
    In some peoples opinion and experience, is it worth finding a lawyer that specializes with this specific area of law? I'm on the fence about who to call or to retain to assist me ;(

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    • #3
      Hi Tug

      I don't know much about it but there is some good information under Arabian's replies to Qrious about a similar topic.

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      • #4
        I once read a case in Canlii (sorry I don't have the link) where a higher income was imputed on a litigant based on the fact that they owned a bunch of expensive things (vehicles, home, etc). On paper their business income was really low, but the judge argued that there was no way the income they claimed would allow for the lifestyle they had and therefore, the judge imputed a higher income.

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        • #5
          You look at his skills, training, and experience, and then look at various job opportunities in the area, things like monster.ca to determine a median wage that he "could" earn.

          Then you present that to the court.

          If he has been self-employed more than 5 years, and is still earning LESS than minimum wage, then his business venture should be considered failed, and he should return to the actual workforce to earn at his potential. At a min, he could get a job flipping burgers and make more, and you show that to the court.

          Alternately you ask for his books to see what expenses he is claiming/etc, and hire a forensic accountant to put a valuation on the business. (at a cost of about 10K).

          It's expensive to challenge, so you have to figure out whether it's worth pursuing or not.

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