Per diem calculated into child support

[Silverplum]

Okey, doke. I'll give you your professional props.

Just one question: what's minimum wage in LA?

Silver, its my JOB to know what most common industries pay. Starting wages in construction are between 8-12 dollars an hour depending on the area, and any job where they have to bring in outside contractors from other areas is generally 12-15 an hour starting...PLUS per diem.

There is no way that this employer is not playing games with the IRS. I can just about guess that previous to this the employer treated everyone as subcontractors, and therefore paid no employers taxes or workers comp at all...got busted on that one...and now is paying barely more than minimum wage, with high per diems. Its "classic".

 

[LdiJ]

Okey, doke. I'll give you your professional props.

Just one question: what's minimum wage in LA?

At least $5.75, since that is the federally mandated rate. Based on LA's economy I would think that's probably about right. I doubt if LA is one of the states that has a higher rate than the federally mandated one. I could look it up, but I bet I wouldn't be off by much.

 

[Silverplum]

At least $5.75, since that is the federally mandated rate. Based on LA's economy I would think that's probably about right. I doubt if LA is one of the states that has a higher rate than the federally mandated one. I could look it up, but I bet I wouldn't be off by much.

Thank you. And since you can guess what I was after...it's no surprise that I'm gonna say, at least he's beating minimum wage.

 

[wileybunch]

No, he's not new to the industry. He has probably about 14 years experience in his field; along with many areas of experience in that field (building of aircrafts). Have I mentioned that he hasn't paid anything in 4 months and when he visits the kids he won't spend more than $20 on each of them? He tells them he has too many bills. Yes he chose to move 6 hours away, so he has to stay in a hotel when he visits and buy food. Blah, Blah, Blah! He chose that move. There are opportunities in this town in his industry, but he chooses not to live here. All the while my parents have to help where he has stopped. I mean we're talking about a man who doesn't care whether his kids had insurance or not. He's supposed to carry that, too. Does he? NO! Their Stepdad put them on his insurance, Thank God!

If you think you have a case for him being "underpaid" in his payroll wages compared to his history, go for it. He can explain why the wages suddenly dropped and see if it's believable.

As for not spending $20 .... honestly, I have to say, I wouldn't get into that. Don't even go there and don't allow your kids to go there and take it personally. He's not obligated to spend money eating out with them or for treats or whatever. Even if you were still together, there may be times as a family you can't afford things like that, too. It's just the way it is for some people and the kids shouldn't measure how much their dad loves them by how much he spends on them (and they shouldn't be encouraged to).

 

[LdiJ]

Thank you. And since you can guess what I was after...it's no surprise that I'm gonna say, at least he's beating minimum wage.

Not by much...

Seriously Silver, contactors traveling into LA are still making really serious money....its the aftermath of Katrina and will probably continue on for several more years. It takes serious money to attract people to travel away from home to work. I have quite a few clients whose husbands are doing that, and most of them are making REALLY serious money.

 

[Silverplum]

Not by much...

Seriously Silver, contactors traveling into LA are still making really serious money....its the aftermath of Katrina and will probably continue on for several more years. It takes serious money to attract people to travel away from home to work. I have quite a few clients whose husbands are doing that, and most of them are making REALLY serious money.

As I wrote, I will give you your professional respect. I totally believe you.

But OP was not giving relevant facts, and it seemed she was making junk up as she went.

She's still welcome to look up the link I gave her.

 

[haiku]

Per diem absolutely should NOT be counted towards calculating child support. Per diem is an amount that an employer allows the employee to cover expenses when traveling for work. That is not income, its an expense reimbursement.

Yes, per diem amounts can be substantial, but so is the cost of traveling for work.

in my state, they put per diem back in for child support purposes.....

 

[nextwife]

in my state, they put per diem back in for child support purposes.....

If a party is getting a per diem BECAUSE demands of the jobs are causing them to incur extra living expenses they would not otherwise be incurring, it makes no sense to have one PAY CS on it. If I get an auto allowance BECAUSE my job makes extraordinary use of my car, then the allowance is acting as a reimbursement, it's not "extra income", because if I were working a different job, a nine to five in office type, I wouldn't even HAVE those extra expenses.

 

[haiku]

If a party is getting a per diem BECAUSE demands of the jobs are causing them to incur extra living expenses they would not otherwise be incurring, it makes no sense to have one PAY CS on it. If I get an auto allowance BECAUSE my job makes extraordinary use of my car, then the allowance is acting as a reimbursement, it's not "extra income", because if I were working a different job, a nine to five in office type, I wouldn't even HAVE those extra expenses.

it was per diem for food cost...but it was argued in court that there was no way it could cost that much a day to eat on the road (it was the legally allowed amount per federal regulations)....the judge agreed and put the entire per diem back in......

 

[CJane]

it was per diem for food cost...but it was argued in court that there was no way it could cost that much a day to eat on the road (it was the legally allowed amount per federal regulations)....the judge agreed and put the entire per diem back in......

Per diem and regular bonuses are put back in here too... as well as expense accounts... in a LOT of cases. My ex actually asked his employer to take him off profit sharing and work on a reimbursement instead of per diem basis so that his CS wouldn't be based on more than just his base salary.

I don't actually blame him... but yeah, here, that sort of stuff is included on a pretty regular basis.

 

[nextwife]

If my company requires me to stay at X and eat at Y when I travel for them, then the cost of staying at X is REMIBURSEMENT of it's billed to me and I get paid back.. If I must eat at Y, the cost of eating at Y is a reimbursement. Example: I was required to belong to a certain trade and networking organization and to attend a weekly lunch meeting as part of my membership. The lunches are $12. Now, NORMALLY, I'd get myself a three or so dollar lunch, my "normal" cost, but on those Tuesdays, my lunch reimbursement is more than a normal lunch because my lunch costs more than a normal lunch.

Thank goodness I don't pay CS.