doublerince Posted June 30, 2011 Share Posted June 30, 2011 So I am separated, and about to file for divorce. I found out that the stbxh is not an actual employee with his company, but an independent contractor. Does anyone have experience with how to get cs and maintenance when this is the situation? I am wondering if I will be chasing my tail, with a lot of legal bills. Any information or stories would be appreciated. Link to post Share on other sites
SoleMate Posted June 30, 2011 Share Posted June 30, 2011 Very short, simplified answer: Yes, his contracting payments can be levied (not garnished, as garnishment applies only to true wages). In fact, while there are financial limits on wage garnishment (because wages have special protection to the worker under law in all 50 states), there is no ceiling that I am aware of on a levy against other payments, such as those reported on a 1099 (IC). Payments under a contract are given no special consideration when the sheriff comes a-levying. Please check out email and phone numbers from the Illinois Division of Child Support Services: http://www.childsupportillinois.com/customers/faq.html and get your specific, detailed answers from them. I think you'll find they're quite helpful about this. Link to post Share on other sites
scaredandalone1223 Posted June 30, 2011 Share Posted June 30, 2011 (edited) I'm not exactly sure how a divorce works with independent contractors; an attorney would be able to best advise and they will usually do a free consult. The industry I worked in was made up solely of independent contractors and the way you buy a house, a car, etc. is to show tax returns. I would think it would work the same, although with all the deductions and indendent contractor takes it can really chew up the bottom line. Also, even as an independent contractor someone is having to pay him so your attorney should be able to get records of how much he makes. This will be beneficial if his tax returns show little to no net. Also, if his tax returns show low net they can take into account his lifestyle. Like whether you guys have a nice house, cars, etc. and are showing no signs of financial stress. I know of a few people who have tried to get mortgage adjustments, etc. due to the economy and their contractor income being cut BUT since they are still current on everything and seem to be making ends meet they do not have grounds to show financial distress. If your husband is claiming little income AND he can prove financially distress you may not get as much but you will still get something. Like I said this is best discussed with an attorney and I am only going by what I know from other scenarios, but I think divorce would somewhat follow the same lines. Edited June 30, 2011 by scaredandalone1223 Link to post Share on other sites
carhill Posted June 30, 2011 Share Posted June 30, 2011 Your lawyer will be your primary source of information and guidance. IMO, the cheapest and best path is to find a mutually agreeable middle ground of settlement and support. Someone who is angry and intelligent can find ways of making your life miserable. You'll find assistance from state/federal agencies wrt child support as that is a primary consideration in divorce. Alimony is another matter. IME, the more inflexible one is, the more likely to have an expensive and painful outcome. My exW and I were both flexible, left a bit on the table and were able to walk away relatively cleanly. You know your stbx better than anyone. IMO, a good start would be to request mediation. Make a proactive effort to reach for equitable compromise. My advice is to hope for the best and plan for the rest. It's good to know what remedies are available to you should your stbx choose not to meet his obligations; it's also good to foster an environment where he feels positive about meeting them voluntarily and proactively. Most of my friends are business owners, so they are the ones generally charged with garnishing wages. They have legal strategies in place as part of their business/financial plan to deal with a potential divorce. I also know a lot of guys who work for cash. Cash is hard to levy and track. It's better to keep stbx incented to work on the books instead of off them, IMO. Seen it happen many times. In your initial filing, if it's like here in Cali, you will be making requests of the court for child support and alimony, including temporary support while the divorce proceeds. Of the aspects which are not proscribed in law, be reasonable. Marriages do end, but they don't have to end badly and expensively. Good luck Link to post Share on other sites
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