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so some of the most complex and intense
divorces that we deal with is when you
have high net worth and you have a
business owner the reason being is
because you know we all know as business
owners that what you file under taxes or
even on your profit a loss statement
isn’t necessarily accurately reflecting
your income or even your assets so let’s
talk about income first people always
say well I know he she hides her money
and this and that and blah blah blah
you’re never going to find it and they
write it off on their taxes they pretend
they make thirty thousand a year but you
know they’re paying for two of my kids
full College tuition and they go on
vacations I say okay relax what we do is
we back them into an income all right
first of all we’re going to subpoena
anything and everything all right so
we’re going to get the documents whether
they want to turn them over or not and
then second is we’re going to look at
all of those accounts and we’re going to
look at the money that’s going in and
out so if someone says you know on their
taxes I made thirty thousand dollars
last year but the deposits that are
going into you know certain accounts is
twenty thirty thousand dollars a month
it’s very clear to us and the judge
judges are not you know they’ve seen
this before it’s not their first rodeo
we look at the actual deposits and then
we do what’s called imputation of income
all right so we know that the 30 000 on
their taxes doesn’t matter we look at
what they’re actually bringing in and
spending and that’s how we back them
into an income we also use the statute
that says things that we know you can
write off your car your you know cell
phone your meals those get added back
into their income for purposes of child
support and maintenance so really it’s
just a matter of tracking down all the
documents going through everything with
a very fine-tooth comb but eventually
you will get there and be able to figure
out what the income is assets is
different because or or worth of the
business right for example does my Law
Firm have an inherent value
if I wasn’t part of it okay if I walk
away does my Law Firm have an inherent
value someone say yes someone say no you
know it in a service based business it
is hard to argue that there is an actual
net worth of the business where I would
have to pay out right think of
um a photographer okay photographer is
really more of a service base now you
could argue that they have you know ten
thousand dollars in photography
equipment and that’s marital they
started their business during the
marriage I want to be paid five thousand
dollars out for the
um you know equipment you’re using that
would be totally fair but is there a net
worth in the actual photography business
if the photographer is that spouse not
really right so it’s really a matter of
trying to determine what the asset or
value is and we use things such as
business uh evaluators which is a great
tool if you can afford it um we have a
handful of really excellent ones in the
Chicagoland area that can help as well
Contact Melissa Kuffel
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Naperville, IL family law attorney Melissa Kuffel discusses how a business valuation is determined in an Illinois divorce. She explains that some of the most complex and challenging divorce cases involve high-net-worth individuals who are business owners. The complexity arises from the fact that business owners’ reported income on tax returns or profit and loss statements may not accurately reflect their actual income or assets.
When it comes to determining income, it is common for one party to accuse the other of hiding money or manipulating their finances. In such cases, thorough investigation and document collection are crucial. Subpoenas are issued to obtain all relevant financial records, regardless of the other party’s cooperation. By examining bank accounts and analyzing deposits and withdrawals, it becomes possible to establish a more accurate picture of the individual’s income. This process is called imputation of income, where the actual financial transactions and spending habits are considered instead of relying solely on reported income. Additionally, certain expenses that are typically deductible, such as car expenses, cell phone bills, and meals, may be added back to the individual’s income for child support and maintenance calculations.
Determining the value of business assets can also be challenging. For instance, in service-based businesses like law firms or photography studios, establishing an inherent net worth may be difficult. While tangible assets like equipment can be considered marital property, the overall net worth of the business itself may not be as straightforward. In such cases, employing the services of business evaluators can be helpful. These professionals specialize in assessing the value of businesses and can provide valuable insights and expert opinions to assist in determining the value of the business assets.
Ultimately, with meticulous examination, thorough document review, and the assistance of professionals, such as business evaluators, it is possible to navigate the complexities of divorces involving high-net-worth individuals and business owners.