Is it legal for my ex-husband to pay my alimony via wages from his company even though I don’t actually work for him?

My ex told me he preferred to pay me as an employee and has me listed as an officer of his company even though I don’t work for him. He told me he preferred this method of alimony.

Asked on November 5, 2011 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, as long as you receive the correct gross amount from the company--the amount set forth in your divorce settlement or decree--he has *arguably* fulfilled his obligation vis-a-vis support. It is important to make sure you are getting the approppriate gross amount, however, since if you are paid as an employee, certain amounts (e.g. FICA) have to be withheld.

The reason I say

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.