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I am the NCP for my first child, and am the CP for my second child....

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jcsmomma

Junior Member
What is the name of your state (only U.S. law)? TX

I am the NCP, and my child support payments have already been modified and increased when I finished college and started my job. I started travel nursing and receive per diem pay to help with travel and expense costs. Since the last modification, I went through another divorce and I am the CP and support my child from my second marriage. My second divorce included a long separation where I had to provide for my daughter financially all on my own, pay my current child support, and pay for legal representation. I have collection agencies and so many past due bills that I have yet to address and pay that accumulated during my separation. I received a letter stating a review of my child support payments is needed. Will my per diem pay be used to determine an increase in child support payments, and will having another child that I support be taken into consideration?
 


OHRoadwarrior

Senior Member
You should have your tax records for all relevant years handy to document the per diem pay and the actual expenses. It is possible a portion or all will be excluded depending on the reasonableness of the amounts and whether they were optional in lieu of additional salary.
 

Silverplum

Senior Member
Yes, all income of all kinds is considered and yes, your other child is a "deduction."

http://texaslawhelp.org/resource/answers-to-questions-about-child-support-in-t
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? TX

I am the NCP, and my child support payments have already been modified and increased when I finished college and started my job. I started travel nursing and receive per diem pay to help with travel and expense costs. Since the last modification, I went through another divorce and I am the CP and support my child from my second marriage. My second divorce included a long separation where I had to provide for my daughter financially all on my own, pay my current child support, and pay for legal representation. I have collection agencies and so many past due bills that I have yet to address and pay that accumulated during my separation. I received a letter stating a review of my child support payments is needed. Will my per diem pay be used to determine an increase in child support payments, and will having another child that I support be taken into consideration?
I would speak to a local attorney, for at least a consult. You definitely want to argue that the per diem should not be included, as that covers valid work expenses.
 
Per Diem is a expense reimbursement but there is often an economic benefit so it is not going to be excluded for consideration as income automatically. As a result you may see that is ignored as income, or Judge considers the amount you get minus relevant expenses you have in incurred. You may want to keep receipts and a log of actual expenses from now going forward.
 

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