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almost

Member
What is the name of your state? TN

How is a parent's income defined if the parent is in sales. My ex makes twice what I do in salary, plus all his vehicle gas is paid for and all his meals while he is working. He also gets a 650 dollar per month vehicle allowance and his company pays for his insurance. And the clown is moving in with his mommy, so has no rent or mortgage. So, his 60,000 salary, plus the extras, to my 31,000 dollar teacher's salary.

He has recently gotten custody of our two children, and I am to pay him 600 dollars per month. The not yet judge signed papers said I was to pay the first 600 just ten days after the ruling was made. I have to have time to get another job or sell my house or rent a room out to someone or something. Please give any advice. There are really two questions here. His income? Is the court not somewhat obligated to give a person a chance to rearrange their finances?
 


BelizeBreeze

Senior Member
almost said:
What is the name of your state? TN

How is a parent's income defined if the parent is in sales. My ex makes twice what I do in salary, plus all his vehicle gas is paid for and all his meals while he is working. He also gets a 650 dollar per month vehicle allowance and his company pays for his insurance. And the clown is moving in with his mommy, so has no rent or mortgage. So, his 60,000 salary, plus the extras, to my 31,000 dollar teacher's salary.

He has recently gotten custody of our two children, and I am to pay him 600 dollars per month. The not yet judge signed papers said I was to pay the first 600 just ten days after the ruling was made. I have to have time to get another job or sell my house or rent a room out to someone or something. Please give any advice. There are really two questions here. His income? Is the court not somewhat obligated to give a person a chance to rearrange their finances?
And what advice would you like? The tennessee support calculator does not take his income into effect. Only yours. And based on the number of children and your NET income per month, the figure is not off-base.
 

almost

Member
tn child support calc.

I thought the Tennessee child support calculator now took both incomes into consideration. Are you sure about that?
 

almost

Member
The agreed order making me custodial parent was never signed because dad's attorney never put it on paper correctly. He cut my summer visitation in half in his versions and although dad was to pay no child support, his attorney kept writing up the papers to say that he still got the tax deductions.

Ironically, we now have proof that the Dad's attorney knew all along what the summer visitation was supposed to be. In his pretrial brief to the judge (pre trial for change of custody and contempt petition) said that I had been difficult and uncooperative in not signing the agreed and announced parenting plan, then he went on to actually correctly describe what the summer schedule was to be. In giving his judgement the judge said I had been difficult and uncooperative for not signing, but that wasn't the case at all. Course a little late now it appears. I don't know why the Judge did not require that there be some final disposition on the original agreement.

I should add that the contempt petition was ruled unfounded. The judge just said he didn't like that I had been uncooperative.
 

LdiJ

Senior Member
almost said:
The agreed order making me custodial parent was never signed because dad's attorney never put it on paper correctly. He cut my summer visitation in half in his versions and although dad was to pay no child support, his attorney kept writing up the papers to say that he still got the tax deductions.

Ironically, we now have proof that the Dad's attorney knew all along what the summer visitation was supposed to be. In his pretrial brief to the judge (pre trial for change of custody and contempt petition) said that I had been difficult and uncooperative in not signing the agreed and announced parenting plan, then he went on to actually correctly describe what the summer schedule was to be. In giving his judgement the judge said I had been difficult and uncooperative for not signing, but that wasn't the case at all. Course a little late now it appears. I don't know why the Judge did not require that there be some final disposition on the original agreement.

I should add that the contempt petition was ruled unfounded. The judge just said he didn't like that I had been uncooperative.
You did this without an attorney, didn't you?
 

Neal1421

Senior Member
BelizeBreeze said:
And what advice would you like? The tennessee support calculator does not take his income into effect. Only yours. And based on the number of children and your NET income per month, the figure is not off-base.
Actually, this just changed last year. TN does now take into account both parents' income when calculating support. I don'tthink the online calculators have not been updated yet.
 

BelizeBreeze

Senior Member
Neal1421 said:
Actually, this just changed last year. TN does now take into account both parents' income when calculating support. I don'tthink the online calculators have not been updated yet.
For this poster it matters not. This case was settled before the advent of the new calculator and will not be adjusted until two years or the statutory limit is past.
 

Neal1421

Senior Member
BelizeBreeze said:
For this poster it matters not. This case was settled before the advent of the new calculator and will not be adjusted until two years or the statutory limit is past.
I understand that. I just wanted to let you know that it has changed and that some of the calculators on different websites are not up to date.
 

almost

Member
Well, I had an attorney at first and he went nutso, literally. He was on the news and the police took him off to the luney bin. He was disbarred or suspended indefinately siting something about irreparable damage to the public. Guess who the public is.

I did go back to get child support about a year ago on my own. I did everything the way I was supposed to and had proof of notification of the other party, had even talked to the opposing attorney, but they didn't show up in court, and the judge told me child support couldn't be ordered until we had a parenting plan to be changed. Makes no sense, but what good would it do me to argue with a judge.

I don't understand why the judge would have or how he could legally have let the ex file for change of custody in a contempt charge, then actually change the custody, then try to change the name of the exs previous filing to make it sound right. Judge said, a year after the change of custody was filed, to change the name of it. He should have made the ex's attorney follow through with the original agreement.

The current order hasn't yet been signed, but it will be soon unless I can stop it, which is doubtful. The child support was figured by the ex's attorney, which makes it suspect. They didn't account for the $650 car allowance he gets or the $450 insurance allowance he gets, or his food and gas that are paid for, or the fact that I didn't have child support from him for three years, which my attorney says is usually dealt with in the end by making it retro, but cs wasn't even discussed in court.

I have a new attorney. He is actually a good one with a good rep., but his hands are tied in a lot of areas, because of the negligent practices of those before him. What a mess.
 

VeronicaGia

Senior Member
In what way are his gas and car allowences given to him? If it is not considered income, it cannot be counted. My guess is it is not income.

Are you saying that since he makes more than you that you should not have to pay to support your children? Or are you simply arguing that the amount is too high?
 

BelizeBreeze

Senior Member
The car and gas allowances are NOT income. They are just what they are, employer expenses for which the employer has paid.

The employer recieves the tax benefits and pays the expenses of such. NOt your ex.
 

nextwife

Senior Member
I get an auto allowance/parking etc..

And I get it BECAUSE the performance of my job requires me to have a vehicle, and to put a ton of miles on it daily in performance of my job duties. I do not just drive to work and stay there,. So the allowance is COMPENSATION to me for all the extra wear and tear, insurance, extra gas used, and auto value depreciation that occurs BECAUSE my job requires a lot of driving hither and yon. Our in-office employees are NOT spending money on cars as part of their job duties, they simply get to work and stay there. On the other hand, I cover several counties.

My employer is not paying for my car, they are paying ME BACK for all the miles and mainteneance I experience in performance of my job duties.
 

LdiJ

Senior Member
BelizeBreeze said:
The car and gas allowances are NOT income. They are just what they are, employer expenses for which the employer has paid.

The employer recieves the tax benefits and pays the expenses of such. NOt your ex.
That isn't correct anymore. His employer is required to report the allowances as income on his W2.
 

nextwife

Senior Member
LdiJ said:
That isn't correct anymore. His employer is required to report the allowances as income on his W2.
But when it's reported as income, the recipient can, in turn, deduct all their auto costs etc that are attributable to the auto use for business.
 

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