If the OAG suspects that the reclassification of your pay as per diem is unreasonable, it WILL be used in the cs calculation.
I have put together a list of expenses for this month of the per diem being used to live in the assigned location. I'm hoping there could be a compromise between myself and my ex-wife on this matter. If I can get her (the OAG representative is there as a mediator) to agree to subtracting actual expenses from the top of the net income line, this would be more favorable. Obviously, 25% of $8/hr isn't enough in child support, I get that. I'm hoping there is a fine line. If the per diem is taken into account 100%, there is no reason to continue this job, because I couldn't afford the child support and live in the assignment location. We also couldn't sell the house due to the horrible housing market right now + moving costs and finding another place to live.
I've said this to my ex multiple times that I'm not trying to negate my responsibilities as the NCP. But at the same time, it needs to be fair. When I had my CS modified back in 2006, the judge looked at my overtime pay, and added that as part of the calculation. Was the judge correct? Yes, the guidance in the code allows that. The problem was, about 2 months after it was modified, the OT went from 15 hrs/week to ZERO. The OAG office didn't care and said "deal with it", how is this fair? Once its modified, you have to wait 2 years. Lets say for sake of argument that I got a 2nd job, to cover my own expenses because child support was based higher than it should have? Then when you show your 1040, they raise your child support AGAIN because you have 2 jobs to live yourself. Its endless.
Usually when I speak about items like this I get a "well, you shouldn't have had kids". No kidding, but there are problems with these systems and it needs to be rectified, because the NCP gets the shaft and it seems to be never ending until one or both children turn 18.
Frankly? I think it's highly likely to happen. And the OAG doesn't care that you use almost 80% for living expenses. That's what most of us do with our paychecks too.
The per diem that I'm spending, costs me to live in the assignment location, as well as support my actual household 273 miles away (mortgage, electric, water, property taxes, insurance). Because of this extremely volatile job market, assignments like these are necessary.
You all keep throwing "fraud" and "other tax payers shouldn't foot the bill", even if they did tax me on $26/hr, I can write off just about ALL Expenses while living in the "assignment" location anyway. Start with the $600/month in rent + expenses back and forth from San Antonio to Fort Worth every weekend, depreciation on the vehicle as well as mileage. So, at that point, there is no difference between $8/hr and $26/hr taxable wages.
So take your pick, either I claim it in January, or don't give the US Government an interest free loan from Jan 1 - Dec 31 to waste on heath care for illegal immigrants and other BS socialistic programs.
I'll say it one last time, please keep this topic about per diem and child support, and a little less "bad company for defrauding the US Government".