income not claimed for tax purposes and CS
Question........has anyone had any experience with this?
My ex H is taking me back to court to try and reduce his CS. All the paperwork from his attorney says they just want full transparency........yada yada and just to make sure everything is on the up and up....ok fine.....but really he just wants less CS......
So, I provided my income to my attorney (he thinks I make way more than I do....ex H provided his (he makes about 5 times what I do) and I noticed he didn't include his "side job".......as it stands with the calculator he is going to save about $50 per month which is a small dent in what he pays.....uh wow okay LOL.... He has had the side job since I've known him....and still does......
I was just curious if anyone had an experience proving income that isn't claimed........it's probably 1K per month.
I would have never considered taking him back to court to include the "side job" b/c we didn't include that inititally when we divorced b/c I wasn't at war with them..and just wanted fairness and peace..........but now he is taking ME back to court....forced me to drop $$$ on an attorney.....and asked for full transparency...so......
If the side job is under the table and he is paid cash.. it may be difficult to prove he earns money otherwise.
I might ask my atty their opinion.. but it is likely to be "let it go.. it will cost more than you will save"
he is typically paid cash
he is typically paid cash/check/payment apps.......his side job includes working for people that I know and see regularly and he does his side job in one specific location so he "rents" the space from the owner....in this case, it wouldn't be that hard to prove....
So, give this information to
So, give this information to your Atty.. let him bring it up with your Ex's atty... see where it leads. He may drop the request when he figures out he may be caught.
I have given it to my
I have given it to my attorney, I am just waiting to hear back.........the court date is this week.
I would absolutely raise it
I would absolutely raise it with my attorney if it's something you can prove. I would think he'd back off as there could be tax (and possibly tax fraud) implications. Do you know that he makes money at the side job after expenses? That's where it could get tricky - if he's writing off expenses in connection with that income.
I agree with that.........I
I agree with that.........I was married to him for almost 15 years while he had this same side job.......he never claimed or wrote off a single thing.......it was simply cash in his pocket.
He has been harassing me about CS for the last 4 years.....which I find odd b/c the calculator is the calculator...you can't just make it up...ya know??? Our original agreed upon CS 4 years ago based ont the calculator........is only $50 more than what the calculator says today..........which is fine if he wants to save $50 but he just spent $$$$ on an attorney and so did to save him that $50 and one our kids turns 18 this year......so I didn't quite get it. LOL
If it is 'just 50bucks' why
If it is 'just 50bucks' why are YOU fighting him. Let him have his 50.00 as a sign of grace.
Good grief.
He doesn't deserve Grace, I
He doesn't deserve Grace, I guess. He worked very hard to turn our kids against me....succeeded with the oldest. He has been trying hard since the divorce to get the kids to live with him full time so he wouldn't have to pay any CS.......he failed with 2 of the 3. He "bought" the oldest one....gives her a car, cash, freedom to do whatever she wants.......as long as she acts like she hates me the money is handed to her........nice.
Plus, it's the principal. He didn't know when he got an attorney and had me served that it would "only be $50 bucks" I think he thought I make twice as much as I actually do at my job.......based on what I think he thought...he would saved around $300 a month. I'm sure it was a huge shock to him to see what I actually make...........plus he put in there that I should pay his attorney fees......that he should now claim all the kids on his tax return....and a bunch of other revisions to our current agreement...
So again, I say.........if he wants to have me served and cause me to hire an attorney to revise our original agreement......and have his attorney ask me for "full transparency" then that's what we will do.......
Anonymous calls to the IRS
Anonymous calls to the IRS can be entertaining when deadbeats are working under the table to hide income in order to avoid CS and taxes.
We hired a PI to help discover and document the SpermIdiot's under the table cash income. Ultimately he cut his own throat when he repeatedly refused acceptance of summons notifications to submit his financial information to the CA and then for a CS court review and physically ran from the Constable who was serving him in person.
The DA requested that my wife provide as much info as possible on the SpermIdiots income, employer, etc.... so she went CPA on his ass and gave the DA a pile of information. SInce he refused to come to court his CS was raised from $133/mo to $785/mo and direct payroll withholding of CS was invoked by the court. He just about stroked out when he got his first $0 paycheck due to CS withholding by his employer.
He came screaming to the DA at that point. So back to court we went. His CS was adjusted down to $385/mo but due to his running from the process server and avoiding court he had to pay at the $785/mo level for two years before the $385 started.
This. Get a private
This. Get a private investigator to document him working.
In some states income from a
In some states income from a second job is not considered in child support calculations. If he is already working 40 hours a week and using that income in the calculator he would not be required to continue to work a second job to provide support. I would ask your lawyer.
He works the second job for
He works the second job for leisure as it;s also a hobby he happens to get paid for, not b/c he needs the money..........he makes ALOT of money at his normal job.
I did ask my lawyer....just waiting to hear back....
If income from salary or
If income from salary or wages is included in an NCP's income taxes it will generally be included in CS calculations by the courts. This is why many NCPs play the under the table income game.
Are you sure he didn't file
Are you sure he didn't file because your oldest is about to be 18, and most states only review CS once every 3 years? Do you think he's trying to prevent you from having it increased when DD17 ages out?
She doesn't age out until
She doesn't age out until June 2021.......we have 18 or graduate high school...whichever comes last.
I don't see why I would have it increased when DD17 ages out??? It wouldn't be possible based on our states calculator. We have 3 kids, and at that point only 2 would be considered for CS.....so I'm not sure what you mean.
Wait, is he paying child
Wait, is he paying child support for a child that lives with him full time?
You said he succeeded with the oldest daughter.
yes and no....we didn't have
yes and no....we didn't have attorneys when we got divorced...just came up with a number we both agreed was fair. He made alot of money....I was a stay home mom who had to go out and find an entry level job.
If today, you enter into our state CS calculator that our oldest lives with him...and that our younger two go back and forth it is the same amount as he has always paid even before the oldest started living with him.
Either way.....we had court today....he majorly lost....now he is paying more and will for the next 6 years. Oddly, he is the one who took ME to court.....I had no intention of a modification or ever going back to family court. Even if I did take him back to family court,I'd have never in a million years asked for more..... He hired an attorney to modifly CS b/c our oldest lives with him and the judge ordered him to pay significantly more.......so much so that I actually feel kinda bad for him.
I guess he's not a happy
I guess he's not a happy camper after losing and having to pay more. At least he can't blame you for this as he was the one who initiated it and now has to pay more for the next 6 years.....sucks to be him.
he and his attorney seemed
he and his attorney seemed perfectly happy........so who knows.
I think his wife pushed him to do this thinking he'd save money.....it's not his style....and then it majorly back fired.
My attorney told me that even if I hired her to serve HIM with this same agreement that was approved today....that his attorney drew up on his behalf......It would cost me $$$$$$$$$$ and be a huge fight that I likely wouldn't have won. So I guess I don't get. But I'll take it. lol Nothing in the modication benefited him....not one single thing.
This is very similar to our
This is very similar to our experience. 2 of three court actions were initiated by my SS's BIoDad and his family. They lost all three court episodes.
My DW would not have initiated either of the two actions they initiated. They lost them both significantly and as your XH experienced, it cost them money not only for action but also in increased durable child related costs.
Just went through this my
Just went through this my with exH. I know he didn't claim all his income but it would have cost me thousands more just to prove that he was hiding money. He submitted 2 paystubs from his regular job and stalled for months on his guard pay. He goes to CA for a month every year and gets big $$ for guard pay but conviently left out that months paystub. The judgement is entered and he is paying a fair amount, though not a full amount to his kids. I could take him back to court for hiding money and if it were proven he would likely be ordered to pay my legal fees. The kids are on the last leg of CS, oldest in college. I figure let him have his little win and deal with the karma of his lies.