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  1. #1
    deneedees is offline Junior Member
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    Exclamation Per diem calculated into child support

    What is the name of your state? Louisiana I need to know if per diem counts toward calculating child support payments. Let's say you make an hourly rate and are paid a substantial per diem during each pay period, how do they calculate your child support payments?
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by deneedees View Post
    What is the name of your state? Louisiana I need to know if per diem counts toward calculating child support payments. Let's say you make an hourly rate and are paid a substantial per diem during each pay period, how do they calculate your child support payments?
    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.
  3. #3
    deneedees is offline Junior Member
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    Exclamation Per diem calculated into child support

    What if his job is a construction job and he purposely took it to avoid paying child support. He lives in a travel trailer owned by him. Therefore....no expenses for hotels, etc. He goes from a job making $40,000.00 a year to a job making $6.25 an hour plus per diem. Your telling me that's fair?
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by deneedees View Post
    What if his job is a construction job and he purposely took it to avoid paying child support. He lives in a travel trailer owned by him. Therefore....no expenses for hotels, etc. He goes from a job making $40,000.00 a year to a job making $6.25 an hour plus per diem. Your telling me that's fair?
    What if, what if, what if. It's not a matter of "fair." IT's a matter of law.

    Check your state's CS laws here:
    [url]http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=LA[/url]
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by deneedees View Post
    What if his job is a construction job and he purposely took it to avoid paying child support. He lives in a travel trailer owned by him. Therefore....no expenses for hotels, etc. He goes from a job making $40,000.00 a year to a job making $6.25 an hour plus per diem. Your telling me that's fair?
    No, its not fair and you should ask the courts to order that his income be imputed at $40,000....because that is what he is capable of earning.

    It does sound like his employer is playing games with the IRS, in order to avoid a healthy chunk of employer payroll taxes, but that has nothing to do with a CS calculation.
  6. #6
    Silverplum is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    No, its not fair and you should ask the courts to order that his income be imputed at $40,000....because that is what he is capable of earning.

    It does sound like his employer is playing games with the IRS, in order to avoid a healthy chunk of employer payroll taxes, but that has nothing to do with a CS calculation.
    You're guessing, LdiJ.

    OP hasn't said how or when he left his $40K job, just her version of why he did. May or may not be true. Nor has anything at all been said about his employer.
  7. #7
    deneedees is offline Junior Member
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    Exclamation Per diem calculated into child support

    Apparently some of you on this forum are disgruntled for whatever reason (Silverplum). I just wanted some idea of what to expect. Whenever you get a phone call the day his child support was increased stating that he got laid off, what would you think????
  8. #8
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    You're guessing, LdiJ.

    OP hasn't said how or when he left his $40K job, just her version of why he did. May or may not be true. Nor has anything at all been said about his employer.
    Silverplum,

    Trust me, his employer IS playing games with the IRS. $6.25 an hour in the construction industry is so low as to be laughable. Combine that with substantial per diem (which is not taxable on an employer OR employee basis) and you have a pretty clear indication that tax fraud is going on, on the part of the employer. Its also not just tax fraud, but potentially insurance fraud as well, because the employer would pay tons less in worker's comp insurance as well.

    However, you make a valid point that we really don't have the info regarding why he is no longer employed at the job where he was making 40k. However, if he quit voluntarily, then absolutely she should fight for him to have an imputed income of 40k.
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by deneedees View Post
    Apparently some of you on this forum are disgruntled for whatever reason (Silverplum). I just wanted some idea of what to expect. Whenever you get a phone call the day his child support was increased stating that he got laid off, what would you think????
    I'm not disgruntled. The law is the law. The law is not disgruntled, either.

    You want disgruntled, you oughta talk with Bali. Now he's disgruntled!

    I see you are now offering a smidgen of relevant info: he tells you he was laid off. Are there any more pertinent legal facts?
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    I'm not disgruntled. The law is the law. The law is not disgruntled, either.

    You want disgruntled, you oughta talk with Bali. Now he's disgruntled!

    I see you are now offering a smidgen of relevant info: he tells you he was laid off. Are there any more pertinent legal facts?
    It is suspicious that he got laid off the day his child support increased.... A judge is gonna think its suspicious too.
  11. #11
    Silverplum is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Silverplum,

    Trust me, his employer IS playing games with the IRS. $6.25 an hour in the construction industry is so low as to be laughable.
    sigh...
    NOT if he's NEW. As in, new to the industry. As in, starting a new career. OP didn't tell us that, either. Notice how very short on relevant info she is??

    For example, I make pretty good $$ in my field. When I began, I made crap $. That's because I, like most, had to start low, prove myself, and work up.

    I don't know what's going on with THIS case, but I do know there are potential explanations.
  12. #12
    Silverplum is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    It is suspicious that he got laid off the day his child support increased.... A judge is gonna think its suspicious too.
    *I* find it suspicious that OP calls me "disgruntled" because I didn't lick her sad feet, and that you are firmly on the Mom's side without any pertinent facts.

    Did I, or did I not, give OP a USEFUL LINK to HER STATE'S laws, so she can look them up? Yes, I did. You did not.

    Therefore, I am done with little OP and her sad little feet and her drippy story that contains measly facts and her accusations of disgruntlement toward the ONLY ONE WHO GAVE HER FACTS. Uh-huh. Let's see if OP has the brains to look up a fact for herself.
  13. #13
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    sigh...
    NOT if he's NEW. As in, new to the industry. As in, starting a new career. OP didn't tell us that, either. Notice how very short on relevant info she is??

    For example, I make pretty good $$ in my field. When I began, I made crap $. That's because I, like most, had to start low, prove myself, and work up.

    I don't know what's going on with THIS case, but I do know there are potential explanations.
    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".
  14. #14
    deneedees is offline Junior Member
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    Per diem calculated into child support

    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!
  15. #15
    Silverplum is offline Senior Member
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    drip, drip, drip with the little factoids that were relevant in the beginning...
    drip
    drip
    drip



    Quote Originally Posted by deneedees View Post
    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!

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