CS modification question

[LdiJ]

jbowman....thank you for your post. Finally someone who understands! I am going to take your advice and first of all challenge the modification. I hope that the judge on my case will be just as understanding. Believe me....I have never used my (our) kids as a pawn as some do....after all it is not their problem. I have always made sure that they are well taken care of even though I get litte help from their father. I really hate it when you come on here and get a snooty answer when all we really want is a little advice....we are not all money hungry animals! I just want to be fair!!
Thanks again for the great post!

What you need to do is get your hands on a copy of his tax return. You may have to subpeona that if you can get the case re-opened. A good tax preparer can probably take a look at it and tell you if any of the particular figures look potentially inflated. Also, non-cash expenses such as depreciation, amortization, mileage etc., can reduce income for tax purposes while not actually reducing cash flow.

However, it really is possible that his 1099 would show that much earning, but he have very little actual profit. Its not likely, but its not impossible. If he pays out more than 50% of his gross earnings to other independent contractors, plus has to purchase materials, his actual profit could be that low.

 

[jbowman]

What you need to do is get your hands on a copy of his tax return. You may have to subpeona that if you can get the case re-opened. A good tax preparer can probably take a look at it and tell you if any of the particular figures look potentially inflated. Also, non-cash expenses such as depreciation, amortization, mileage etc., can reduce income for tax purposes while not actually reducing cash flow.

However, it really is possible that his 1099 would show that much earning, but he have very little actual profit. Its not likely, but its not impossible. If he pays out more than 50% of his gross earnings to other independent contractors, plus has to purchase materials, his actual profit could be that low.

Youre right, it could be that low BUT, that being said, if he is not making a profit and his income is THAT horrible, the judge may impute an income anyway. I am only basing this on MY experience and what MY judge said. Her exact words? "Mr. Funky Butt, if you are in fact bringing home such a small income after business expenses, I might suggest you find employment that suits your true working potential." At this point he started to argue about being partially handicapped due to a back injury. To which she stated "that is neither here nor there." She also stated that he would earn more working at Burger King.

 

[GrowUp!]

Ohiogal....I have read many posts on here and it is always the same with you. One the defense! It is very obvious that you have never had to deal with any of this...you probably don't have any children because if you did you would be more sympathetic to something like this. I would surely assume that you would think that if someone makes at least 50-60K you would expect to get more than $143 a month for 3 children.

You are clueless. And that is being kind.

 

[GrowUp!]

jbowman....thank you for your post. Finally someone who understands! I am going to take your advice and first of all challenge the modification. I hope that the judge on my case will be just as understanding.!

You just do not get it.

At all.

Not even remotely.

A Judge is a neutral arbiter. They do not (or are not supposed to) judge on emotions or feeling sorry for you. If you are going to be appeal the modification, you best know what the hell you're talking about and HOW to appeal it and grounds for an appeal.

And by the way, you can not appeal a decision just because you do not like the decision. Nor can you bring in additional evidence/facts you did not present originally -- unless you discovered them after the fact. But even then, that's not a guarantee.

 

[Sandwalk]

You just do not get it.

At all.

Not even remotely.

A Judge is a neutral arbiter. They do not (or are not supposed to) judge on emotions or feeling sorry for you. If you are going to be appeal the modification, you best know what the hell you're talking about and HOW to appeal it and grounds for an appeal.

And by the way, you can not appeal a decision just because you do not like the decision. Nor can you bring in additional evidence/facts you did not present originally -- unless you discovered them after the fact. But even then, that's not a guarantee.

Actually, you come on here and think that you know my situation and you don't. I have asked a simple question and all I get from people like you is a "I think that I am better than you" attitude. Don't need it...Don't want it.
I know that I can not go in with a BOO HOO feel sorry for me attitude....I do need to go in and prove that he makes much more than he says he does and I am going to do my best to do that since it is true. I have known this man for more than 25 years....does he make alot more than that...you bet your sweet fanny he does!

 

[Sandwalk]

LDij...he only works a straight hourly wage. He never got into independent contrators or purchasing the materials....he leaves that all to the lumber yard to figure out and lets the home owner pay the lumber yard.
I will take your advice and see what I can do...thanks so much!!

jbowman....Thank you also!! The comment about Burger King made me laugh! That is exactly what I said about my ex.....he claims to be border line poverty level!! And yet he has bought a new family van, a different work van,bought a pick-up, added a large screened in porch to his house, had a large amount of landscaping done, went on an Alaskan cruise, has purchased 2 different (large) campers and purchased a time share at a resort at the lakes. This all in the last year! All of this on poverty wages? I don't think so!!!

 

[GrowUp!]

Actually, you come on here and think that you know my situation and you don't. I have asked a simple question and all I get from people like you is a "I think that I am better than you" attitude. Don't need it...Don't want it.

It has nothing to do about not knowing your situation. It's not that out-of-the-ordinary from many others.

I know that I can not go in with a BOO HOO feel sorry for me attitude....I do need to go in and prove that he makes much more than he says he does and I am going to do my best to do that since it is true. I have known this man for more than 25 years....does he make alot more than that...you bet your sweet fanny he does!

And when you appeal the judge's decision, what are you going to present that you "just discovered?" What laws? What mistakes of law? Did you do any discovery or subpoena duces tecum? Hmm...? LdiJ gave you some suggestions...but that is something you should have done when you first opened the case -- not waited until you decided to appeal (for many reasons). It would've given you plenty of opportunities to get more into the possibility of fraud and the such. But not during any appeal -- the time just isn't there.

 

[LdiJ]

LDij...he only works a straight hourly wage. He never got into independent contrators or purchasing the materials....he leaves that all to the lumber yard to figure out and lets the home owner pay the lumber yard.
I will take your advice and see what I can do...thanks so much!!

jbowman....Thank you also!! The comment about Burger King made me laugh! That is exactly what I said about my ex.....he claims to be border line poverty level!! And yet he has bought a new family van, a different work van,bought a pick-up, added a large screened in porch to his house, had a large amount of landscaping done, went on an Alaskan cruise, has purchased 2 different (large) campers and purchased a time share at a resort at the lakes. This all in the last year! All of this on poverty wages? I don't think so!!!

If he is not paying any contractors and if the homeowners are purchasing the materials, then his tax return has to be a serious work of fiction.

 

[Sandwalk]

If he is not paying any contractors and if the homeowners are purchasing the materials, then his tax return has to be a serious work of fiction.

I definitely is. I am going to subpeona his tax forms and also his bank statements. Is that possible to subpeona his banking information also? I doubt that he could do all that he does and lie to the bank about how much he makes.