Help me before Monday!!! PLEASE

[La-Poorboy]

What is the name of your state?Louisiana

Ok, heres my scenerio: I Divorced 8 yrs ago and settled out of court for $200.00 Month and I paid complete insurance and My Ex Wife got to claim my daughter every year on income tax.For the past 3 years I've paid 350.00 because she said she needed more money, so I did without court order.
Now, I get to go to court Monday to increase my child support. I make 38000 Gross. But my W-2 Forms show 31000 becuase of Pre-tax Deductions. I also started my own business last year and I had a -$5800.00 (Negative) and this year so far I am -$5200.00 (negative) because of all the startup cost on this small business. I am set up as LLc and I have not paid myself one dime out of this account. My Daughter does not go to day care during any of the school year because her step-father is a teacher at the college and picks her up after school. Her mother does work and makes approx. 21000 Yr.
Now for something that blows my mind: We tried settleing out of court with her attorney and they wanted no less the 621.00 Month. I only Net 1650.00 Month. And I have a new wife with a son and a step daughter (That we recieve no child support from-Deadbeat Dad). How can I give her 621.00 and my family live off 1029.00 a month.
What her attorney said: I owe her 250.00 day care, plus 69% of the amount on the guideline, which he added 500 Month income because he said it had the potential of makeing that, and did not subtract the negative of my business. The amount he went by on the guideline was off my checkstub which included my set salary, plus my incenitives, plus my Varible overtime over 40 hours. And this was also before any pre tax deductions. He is also figureing Daycare for the whole year, and not the summer.
Questions:
Can he do this? Or is this the way it suppose to be figured?
Does she have to prove Daycare (If so how?)?
Do you suppose to go off your total Gross, or your taxable gross?
Do you suppose to count Varible overtime (since it varies every week).
Do you suppose to count Incinitives?
Can I request to keep my daughter 3 months out of the summer, So I do not have to pay this 250.00 for Day Care?
Please help, Someone give me advise, please. I go before the judge Monday!

Thanks,
La-Poorboy

 

[thgcat]

LLC part

What is the name of your state?Louisiana

"I also started my own business last year and I had a -$5800.00 (Negative) and this year so far I am -$5200.00 (negative) because of all the startup cost on this small business. I am set up as LLc and I have not paid myself one dime out of this account."

I don't know about some of the other stuff - But my husband is set up as an LLC - you should also be using your tax return to show your business loss!!! The loss counts on your taxes and should count on your yearly income. Of course, that goes both ways - when you begin to make money - you will need to realize that will count at some point.


This web site might help with the other questions - http://www.la-legal.com/support.htm

Do you have an attorney? Good Luck

 

[BelizeBreeze]

Your issues are far too complex to get into here. Suffice it to say that if you have court on Monday ask for a continuance so that you can consult an attorney.

You should NEVER settle anything out of court because now you'll be paying what you were supposed to be paying all along.

 

[stealth2]

However, that business loss is also a voluntary financial loss - which may not be taken into account.

 

[haiku]

really no one and certainly NOT the self employed should walk into court without an attorney. I consider an attorney a neccesary business expense.

 

[LdiJ]

What is the name of your state?Louisiana

Ok, heres my scenerio: I Divorced 8 yrs ago and settled out of court for $200.00 Month and I paid complete insurance and My Ex Wife got to claim my daughter every year on income tax.For the past 3 years I've paid 350.00 because she said she needed more money, so I did without court order.
Now, I get to go to court Monday to increase my child support. I make 38000 Gross. But my W-2 Forms show 31000 becuase of Pre-tax Deductions. I also started my own business last year and I had a -$5800.00 (Negative) and this year so far I am -$5200.00 (negative) because of all the startup cost on this small business. I am set up as LLc and I have not paid myself one dime out of this account. My Daughter does not go to day care during any of the school year because her step-father is a teacher at the college and picks her up after school. Her mother does work and makes approx. 21000 Yr.
Now for something that blows my mind: We tried settleing out of court with her attorney and they wanted no less the 621.00 Month. I only Net 1650.00 Month. And I have a new wife with a son and a step daughter (That we recieve no child support from-Deadbeat Dad). How can I give her 621.00 and my family live off 1029.00 a month.
What her attorney said: I owe her 250.00 day care, plus 69% of the amount on the guideline, which he added 500 Month income because he said it had the potential of makeing that, and did not subtract the negative of my business. The amount he went by on the guideline was off my checkstub which included my set salary, plus my incenitives, plus my Varible overtime over 40 hours. And this was also before any pre tax deductions. He is also figureing Daycare for the whole year, and not the summer.
Questions:
Can he do this? Or is this the way it suppose to be figured?
Does she have to prove Daycare (If so how?)?
Do you suppose to go off your total Gross, or your taxable gross?
Do you suppose to count Varible overtime (since it varies every week).
Do you suppose to count Incinitives?
Can I request to keep my daughter 3 months out of the summer, So I do not have to pay this 250.00 for Day Care?
Please help, Someone give me advise, please. I go before the judge Monday!

Thanks,
La-Poorboy

Her attorney is trying to hose you.....you really need to ask for a continuance on Monday to hire your own attorney.

Either that....or you need to go into court with your own separate calculation, showing the judge what you think is the correct calculation.