Kinda Funny.

[Radia]

What is the name of your state (only U.S. law)? Ohio

I have finally got the Attorney General to send a withholding order to the NCP's employer. They talked to her on the 13 and she fought about whether or not she was required to withhold because he is an independent contractor. They told her that they would take her to court if she didn't comply.

Apparently she didnt tell him that she was going to garish his wages because he sent 400 last week from his wife's wages, only to get his check today and find that it was garnished.

Now he is asking me to send the 400 back. I told him he should be glad because this takes his arrears back under 10k... by 3 dollars.

hahahhha buddy, not a chance in hell.

Sorry if this is not terribly coherent. I had surgery yesterday and am quite loopy and drugged.

 

[Antigone*]

What is the name of your state (only U.S. law)? Ohio

I have finally got the Attorney General to send a withholding order to the NCP's employer. They talked to her on the 13 and she fought about whether or not she was required to withhold because he is an independent contractor. They told her that they would take her to court if she didn't comply.

Apparently she didnt tell him that she was going to garish his wages because he sent 400 last week from his wife's wages, only to get his check today and find that it was garnished.

Now he is asking me to send the 400 back. I told him he should be glad because this takes his arrears back under 10k... by 3 dollars.

hahahhha buddy, not a chance in hell.

Sorry if this is not terribly coherent. I had surgery yesterday and am quite loopy and drugged.

Loopy or not, You got your point across.

I think it is very sad when NCPs don't view child support for what it really is.

 

[nextwife]

A contractor really is supposed to first pay their subcontractors and material providers BEFORE treating incoming funds as "income". If they stiff their subs and service providers once or twice, those providers will stop providing services, and the independent contractor will quickly be out of business. Over the long term, the desired results may be short lived if the expenses don't get covered.

 

[TheGeekess]

A contractor really is supposed to first pay their subcontractors and material providers BEFORE treating incoming funds as "income". If they stiff their subs and service providers once or twice, those providers will stop providing services, and the independent contractor will quickly be out of business. Over the long term, the desired results may be short lived if the expenses don't get covered.

Independent contractor could be a 1099 worker, too. Some IT jobs are independent contractors.

My father runs his company using 1099 Independent Contractors. And we're not talking construction.

 

[Radia]

I understand that, he really isnt an independent contractor by IRS and TWC standards.

He has no subcontractors unless you include the child labor of our kids while they are visiting. No material providers...

He lives on a property that he cares for, he has no license, does not charge for "jobs". The property is held in trust by the woman I call his employer for her granddaughters.

He is a ranch hand, all supplies are provided by her. He uses none of his own money for any of the stuff... she doesnt even reimburse his gas.

He is paid a salary once a month.

Hope that helps clear that up =D


Edited to add that she just doesn't want to be called an employer and be bothered with dealing with taxes more indepth than a 1099. And apparently garnishment... till now.

 

[nextwife]

Independent contractor could be a 1099 worker, too. Some IT jobs are independent contractors.

My father runs his company using 1099 Independent Contractors. And we're not talking construction.

AS a real estate professional, I was an independent contractor. Paid auto, MLS fees and transaction fees, newspaper ad and Homes Magazine costs, mailing and marketing costs, even copy and form costs out of my pocket from any commission received. So, I was thinking of independent contractors like me who have a mess of regular monthly expenses to pay in order to stay in business.

 

[LdiJ]

AS a real estate professional, I was an independent contractor. Paid auto, MLS fees and transaction fees, newspaper ad and Homes Magazine costs, mailing and marketing costs, even copy and form costs out of my pocket from any commission received. So, I was thinking of independent contractors like me who have a mess of regular monthly expenses to pay in order to stay in business.

To tell you the truth, the kind of "independent contractor" you are describing is the only legit kind of independent contractor. Anyone else who is paid via 1099 rather than a W2 has an employer who is likely doing so fraudulently. They are doing it to avoid the employer share of social security and medicare taxes, unemployment taxes and workers compensation insurance.

 

[nextwife]

He uses none of his own money for any of the stuff... she doesnt even reimburse his gas.

If she DOESN'T reimburse his gas, then the gas is a contractor expense and part of his overhead. How can you say he has no expenses in the same sentence where you state she doesn't reimburse for his gas? These are contradictory statements.

 

[buster72]

What is the name of your state (only U.S. law)? Ohio

I have finally got the Attorney General to send a withholding order to the NCP's employer. They talked to her on the 13 and she fought about whether or not she was required to withhold because he is an independent contractor. They told her that they would take her to court if she didn't comply.

Apparently she didnt tell him that she was going to garish his wages because he sent 400 last week from his wife's wages, only to get his check today and find that it was garnished.

Now he is asking me to send the 400 back. I told him he should be glad because this takes his arrears back under 10k... by 3 dollars.

hahahhha buddy, not a chance in hell.

Sorry if this is not terribly coherent. I had surgery yesterday and am quite loopy and drugged.[/IS there something special about being in arrears over 10K because the NCP in my case is 25K in arrears]

 

[ecmst12]

You are breaking the quote feature and it is impossible to figure out what you are asking. You don't need to quote, just reply. If you want to quote, you type your response AFTER all the quoted text AND the quote tags.

Anyway, there is nothing special about being over $10k vs under $10k in arrears, other then being more of a deadbeat.

 

[TheGeekess]

To tell you the truth, the kind of "independent contractor" you are describing is the only legit kind of independent contractor. Anyone else who is paid via 1099 rather than a W2 has an employer who is likely doing so fraudulently. They are doing it to avoid the employer share of social security and medicare taxes, unemployment taxes and workers compensation insurance.

Yeah. Whatever.

 

[LdiJ]

Yeah. Whatever.

Seriously....

I realize that your father runs his company that way, and it may be legit in your father's case, but if the employer sets the working hours, instructs the employees how to do the work and when to do it, provides all of the materials for the job, and covers all of the expenses, they are not permitted under the tax code to treat their workers as independent contractors. They are required to treat them as employees.

Its a rampant problem and the IRS is working hard to catch those employers who are not following the law.

 

[ecmst12]

But that's really the ex's employer's problem, not anyone else's.

 

[Radia]

If she DOESN'T reimburse his gas, then the gas is a contractor expense and part of his overhead. How can you say he has no expenses in the same sentence where you state she doesn't reimburse for his gas? These are contradictory statements.

Because he shouldn't be doing business in his own vehicle, sorry I didn't elaborate.

He doesn't even have a drivers license and shouldn't be driving for work at all.

 

[Radia]

Well so much for that!

The newest attempt at not paying child support by the ex and his employer...

His employer has fired him and instead hired his wife.

Now I have to prove that he is working there. The wife works a 40+ hour week in town. Please tell me this will be easy to prove