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Who wins testimony or Arguments?

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What is the name of your state?Illinois

Okay this may seem pretty simple to all of you but I have a question...

On the 9th of August I had my child support trial (I am the Cp)...The NCP's attorney was arguing that only his tax return should be used to determine his income (tons of write offs no reciepts and gross income listed for his business as $18,709)

When the NCP took the stand My attorney asked him how much he made per hour...he said $60 per hour and then she asked him how many hours he worked per week...He answered 50 hours... The judge (I thought he was going to break his neck because he looked at my ex so fast) even asked him the questions again, and my ex confirmed to the judge the 50 hours per week @ $60 per hour. Will the judge make his decision based on his testimony or his attorney's argument or both??? The dollar amount his attorney used (from his taxes for 2005)would mean that at $60 per hour my ex would have only worked 6 hours a week... yet he testified to 50 hours...I thought his attorney's head was going to pop off when my ex said 50 hours per week @ $60 per hour and then his attorney turned bright red when the judge asked him again and he confirmed it...
His attorney did stand up and say "you don't really get paid for all 50 hours do you?" and my ex said no, but his attorney never asked him how many hours he did get paid for...I do have to say that my attorney sucked! but does his testimony trump the fact that my attorney sucked?
 
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ceara19

Senior Member
His tax return should be used as the basis for child support. His gross income on his tax return is not the bottom line where child support is concerned though. According to Illinois state law:

(3) "Net income" is defined as the total of all income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated withholding or estimated payments);
(b) State income tax (properly calculated withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual health/hospitalization insurance premiums;
(g) Prior obligations of support or maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self‑executing modification upon termination of such payment period.
(4) In cases where the court order provides for health/hospitalization insurance coverage pursuant to Section 505.2 of this Act, the premiums for that insurance, or that portion of the premiums for which the supporting party is responsible in the case of insurance provided through an employer's health insurance plan where the employer pays a portion of the premiums, shall be subtracted from net income in determining the minimum amount of support to be ordered.
 
ceara19 said:
His tax return should be used as the basis for child support. His gross income on his tax return is not the bottom line where child support is concerned though. According to Illinois state law:
Even if we were arguing that his tax return was inaccurate (he was majorally under reporting his income) he listed his GROSS income as 18,709 and his own testimony contradicts his tax return? His testimony was I make $60/hr and work about 50hrs per week which would mean his GROSS income would be over $100K...?
 

snostar

Senior Member
It is likely the judge will take into account both the tax return and his testimony and make an approximation as to how much he actually does make. It appears your attorney made it clear he is taking home more than is reflected on the return.
 

ceara19

Senior Member
critterperson said:
Even if we were arguing that his tax return was inaccurate (he was majorally under reporting his income) he listed his GROSS income as 18,709 and his own testimony contradicts his tax return? His testimony was I make $60/hr and work about 50hrs per week which would mean his GROSS income would be over $100K...?
The amount listed as his GROSS income on his TAX return is not necessarily what the court considers as GROSS income for CHILD SUPPORT purposes. They are 2 completely different matters. The $18K really means nothing as far as your case is concerned. The court will look at his ACTUAL INCOME, $60/hour for 50 hours a week, adjust that amount according to the applicable CHILD SUPPORT laws, and set the child support accordingly. Since he's self employed, certain business costs will be deducted. However, not all of his "tax write-offs" are necessarily going to be considered "necessary business related expenses".
 
snostar said:
It is likely the judge will take into account both the tax return and his testimony and make an approximation as to how much he actually does make. It appears your attorney made it clear he is taking home more than is reflected on the return.
Thank you...I thought he might but his attorney argued after his clients testimony that there was no evidence provided that would indicate his tax return was false...:rolleyes: I guess he was just hoping the judge wouldn't remember his clients testimony...I am crossing my fingers here...

Thanks again
 
ceara19 said:
The amount listed as his GROSS income on his TAX return is not necessarily what the court considers as GROSS income for CHILD SUPPORT purposes. They are 2 completely different matters. The $18K really means nothing as far as your case is concerned. The court will look at his ACTUAL INCOME, $60/hour for 50 hours a week, adjust that amount according to the applicable CHILD SUPPORT laws, and set the child support accordingly. Since he's self employed, certain business costs will be deducted. However, not all of his "tax write-offs" are necessarily going to be considered "necessary business related expenses".
Sorry, Maybe I'm not being clear(as this has me in knots:) )...He said that his total income was $18,709 including business expenses...He stated his income after business expenses was only $1,400 for the entire year...It was his testimony that indicated over $100K... am I a little more clear?:)
 

ceara19

Senior Member
critterperson said:
Sorry, Maybe I'm not being clear(as this has me in knots:) )...He said that his total income was $18,709 including business expenses...He stated his income after business expenses was only $1,400 for the entire year...It was his testimony that indicated over $100K... am I a little more clear?:)
His testimony is proof of "additional" income. If testimony was actually recorded during the hearing, I'm sure the IRS would like to have him explain where the rest of this money is. The judge should take both the tax return and the testimony into consideration when setting child support.
 
ceara19 said:
His testimony is proof of "additional" income. If testimony was actually recorded during the hearing, I'm sure the IRS would like to have him explain where the rest of this money is. The judge should take both the tax return and the testimony into consideration when setting child support.
Yes they did record the hearing, and I have already requested and paid for a copy of the transcript that I should be getting this comming week...I am still trying to determine if I would like to be a "beast" and turn it into the IRS:p

Thanks:)
 

ceara19

Senior Member
critterperson said:
Yes they did record the hearing, and I have already requested and paid for a copy of the transcript that I should be getting this comming week...I am still trying to determine if I would like to be a "beast" and turn it into the IRS:p

Thanks:)
Just use it as leverage for now. The IRS will likely find out about his "under the table" earnings on their own.
 

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