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Business Assoctiations Keyed to Gabalson, 3rd Ed.
In re Marriage of Hassiepen
Citation:
646 N.E.2d 1348 (1995)Facts
Cynthia and Kevin Von Behren divorced in 1984 after seven years of marriage, with Cynthia receiving custody of their three children. Kevin initially paid $400 per month in child support, which increased to $500 in 1987. In 1985, Kevin began living with Brenda, whom he later married. They started an electrical contracting business, Von Behren Electric, which became quite profitable. They later incorporated the business in 1991 and developed commercial property under Von Behren Properties. The couple maintained a joint checking account for both business and personal expenses, with both contributing to the business operations. In 1992, Von Behren Electric showed a net income of approximately $134,000 on gross revenues of over $500,000, while Von Behren Properties showed additional net income of over $53,000. Despite this success, Kevin and Brenda reported only $66,000 in income on their 1992 tax return, which was not filed until shortly before trial. Kevin had also failed to file tax returns for 1989-1991 until May 1993. Cynthia, who had remarried and had a fourth child, sought increased child support based on Kevin’s improved financial situation, but faced significant obstacles in obtaining Kevin’s financial information. The trial court found that Kevin and Brenda were business partners, attributed half of the business income to Kevin, and increased child support to $1,500 per month. The court also awarded Cynthia only $1,693.75 of her $35,165.50 in attorney’s fees.
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