Utah per diem calculated?

[frostbyte3964]

In Utah, I have heard many people at my job say they can't count per diem toward child support calculations, but the law says all income. So is per diem not considered income? Where can I find it written in law that says per diem isn't if that is correct information? I do some overseas work and it pays per diem while I'm at various sites and the pay changes per site location.

 

[fairisfair]

I do not see where Utah statutes specifically address per diem income.

However Utah does limit income to that which is earned on a 40 regular work week.

Per diem might well be considered either additonal income that would not be counted due to that fact, or due to the fact that it is not a consistently occurring income factor.

As with many things, my best inclination would be that this would be at the discretion of the judge hearing your particular case.

 

[frostbyte3964]

Thanks. I have read some very conflicting things. One place says Utah takes all income into consideration, where one place says based on the 40 hour work week unless it was previously a regular thing to have overtime.

Here's my situation. I worked in Utah. Usually 40 hours, but got lucky sometimes and would get some overtime. Definitely not regular though. I took a field position last August and was working in Korea which was suppose to befor a year unless we wanted to stay longer. There is 48 hours regular pay there on the contract. There is also per diem because they pay you to leave at any time if they need you to go some place else. It changes if I leave Korea and would then pay at the new locations rate. My base hourly rate stayed the same. They pay for an automobile as well since you could leave at any time. I don't think these should be considered part of income my wife can count toward child support for many reasons, but it is possible it's counted as income since it is taxable. I'll keep looking for more definite wording as per diem was not mentioned at all on the income section and I would think it would if it were allowed.

I have many more questions, but not sure if that's just abusing the people here. Just got papers last week and had one talk with a lawyer, but it's all over the phone and I'm in Iraq now so the time difference isn't good to deal with things.

 

[LdiJ]

Thanks. I have read some very conflicting things. One place says Utah takes all income into consideration, where one place says based on the 40 hour work week unless it was previously a regular thing to have overtime.

Here's my situation. I worked in Utah. Usually 40 hours, but got lucky sometimes and would get some overtime. Definitely not regular though. I took a field position last August and was working in Korea which was suppose to befor a year unless we wanted to stay longer. There is 48 hours regular pay there on the contract. There is also per diem because they pay you to leave at any time if they need you to go some place else. It changes if I leave Korea and would then pay at the new locations rate. My base hourly rate stayed the same. They pay for an automobile as well since you could leave at any time. I don't think these should be considered part of income my wife can count toward child support for many reasons, but it is possible it's counted as income since it is taxable. I'll keep looking for more definite wording as per diem was not mentioned at all on the income section and I would think it would if it were allowed.

I have many more questions, but not sure if that's just abusing the people here. Just got papers last week and had one talk with a lawyer, but it's all over the phone and I'm in Iraq now so the time difference isn't good to deal with things.

The purpose of per diem is to allow a person to maintain their regular home, and support their family at home, while still providing for housing needs in the temporary location.

Per diem is also tax deductible (even though your employer may treat it as taxable income) if deducted at the government set per diem rate.

Therefore, logically it really wouldn't be fair to include it in income for child support purposes. However, that doesn't mean that a judge would automatically agree with that.