What happens if the paying spouse is self-employed?

If a paying spouse is self-employed in Virginia when it comes to spousal support law, the court will take a look at their income and financial situation. Self-employment income is determined differently than regular wages and salaries because it can include various business expenses that are subtractable from the gross income reported. The court will look at the spouse’s financial disclosure information, recent tax returns, and other financial documents to determine the spouse’s true income. If the receiving spouse believes that the paying spouse is underreporting their income, they can file a motion with the court to require additional financial documentation. This motion can request bank statements, credit card statements, account summaries, and other financial records that have not already been submitted. Additionally, the court may allow self-employed spouses to pay support in other forms, such as property or services rather than cash. This is to ensure that the paying spouse is able to follow the court’s order and provide financial support to the receiving spouse in accordance with the court’s ruling. In the end, the court’s primary goal is to ensure that the paying spouse is fulfilling their obligation to provide financial support, regardless of their income sources. As such, both spouses should be prepared to provide financial information to the court to assist in determining the amount of spousal support payments.

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What happens if the paying spouse is self-employed?

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