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BM threatening to go after more Child Support

motherof_2plus1's picture
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Havnt posted here in foreverrrr as it was all too stressful and had to take a reak.

 

BM has really amped up her craziness and in a new lletter to DH from her lawyer, she now says that shes going to be coming after us for more child support based off the fact DH has a company vehicle, gets bonuses and other expenses that his work pays for.

 

Can child support really take this all into account and be increased base on these expenses being paid by his work?

 

Tell me this isnt true!

Survivingstephell's picture

You need to prove that the car and other expenses don't make much of the difference to your bottom line every month. Did it replace your car or is just for work and he stilll drives his own outside of work. That would explain that you still have the same expenses as before and the company car hasn't cut out any costs.   As for the bonuses,  a letter from employer stating that they are not relieable or predictable might help.  A lawyer in your jurisdiction will give you the best answer.  

motherof_2plus1's picture

The company vehicle is his only vehicle, i have my own. Getting a letter from his business would be something good to have for court!

twoviewpoints's picture

The company car, which he uses also on non-company time is a taxable income benefit.

Yep, it's part of his 'earned' income. 

Thumper's picture

hahahahahha

BM is fishing. SHE must prove your husband has a continual bonus. A company car..pffft and so what? Would child support be higher IF dad took a bus and left the family car at home?  

Has your w2's changed  20percent or higher since last child support review? Pull out your tax returns and go from there.  Look up your states cs calculator...punch in the numbers and see what happens.

Many states allow reviews of cs ever so many years. Its all about the numbers for HIS income and HER income. Also Judges do have wide discretion in this area if they want to use their authority.

How did you get this letter?  I WOULD NOT respond to anything unless it is between YOUR lawyer and hers.  Always remember her lawyer works for her...dont hand over any info until you talk to YOUR lawyer. How did the letter get to you...Certified mail? If it came regular United States mail what proof do they have you recieved it?  How do you know  it is from her lawyer? IS she good at cutting and pasting?

I KNOW of people who are great at cutting and pasting documents so they appear to be professional. MAKES ME PUKE. One day they will be caught.

notsobad's picture

“BM is fishing. SHE must prove your husband has a continual bonus. A company car..pffft and so what? Would child support be higher IF dad took a bus and left the family car at home?”

This depends where they are. In Canada, it is up to the person who got the bonus to tell the courts, the parent receiving CS doesn’t have to prove it. If it is a taxable item, bonuses, company car, etc it will affect CS. 

My ex got a raise and a large Xmas bonus. He didn’t notify maintenance and once they found out they garnished his wages. I didn’t have to prove anything. 

Rags's picture

Where CS is concerned income is pretty much income.  Even income that is being avoided can be income.  When the SpermIdiot ran from the process servers the DA's office eventually asked my DW to fill out the SpermIdiot's income paperwork. She went CPA on his ass and dug up all kinds of records (Plumbers License, Company Van, Living in SpermGrandHag and SpermGrandPa's house rent free, they paid his CS and gave him their hand me down cars to drive) and we requested that the SpermGPs combined income be added to the SpermIdiot's for CS calculation since they were a verifiable regular source of support for the idiot.  When his CS went up from $132/mo to $785/mo with additional arrears due to his running from the constable who was trying to serve him with court papers and he got his first $0 pay check due to wage garnishment he ran screaming into court.. no need for the process servers to chase him down any longer.  Diablo

We also provided PI reports and video of him receiving under the table cash payments for plumbing side jobs. 

Bonuses, company cars, foreign earnings tax credits, tax equalization, housing allowances, per diem, OT, etc, etc... can all be factored into income for CS calculation purposes if they are repeated income sources.

Your DH may want to go buy a beater car for a $few hundred and claim that as his personal use vehicle and put together documentation of his bonus pay out history if he can demonstrate the unreliable nature of it.  The same applies to OT.

I would suggest that you retain a killer attorney... just in case.