Vehicle Allowance count as income?

[Kmlooper]

ARIZONA

I am wanting to modify child support. I do not want my ex to make an argument to include it as income. I have read arguments made both ways from lawyers and others. To the point - I get a vehicle reimbursement paid to me each month in the form of a separate check. I am a commercial tires salesman. I HAVE to have a reliable truck for purposes of transporting tires all over town. I can easily drive 3 plus hours in a day, visiting customers, dropping off deliveries, making face-to-face contact, generating new business for the company for which he is employed. I am not commission-based, I am salary, so I drive around all day to further elevate business goals for my company. Is this reimbursement or a perk that counts as income? I have read arguments for both but I understand each case can vary as therefore so does the outcome. So I am being compensated for using my own vehicle so that my company does not have to provide one. It IS on my W2 and taxed. Advice would be appreciated.

 

[Zigner]

ARIZONA

Asking on behalf of my soon-to-be husband. We are wanting to modify child support and I am assisting him since I have been through this more than a few times before. I do not want his ex to make an argument to include it as income. To the point - He gets a vehicle reimbursement paid to him each month in the form of a separate check. He is a commercial tires salesman. He HAS to have a reliable truck for purposes of transporting tires all over town. He can easily drive 3 plus hours in a day, visiting customers, dropping off deliveries, making face-to-face contact, generating new business for the company for which he is employed. He is not commission-based, he is salary, so he drives around all day to further elevate business goals for his company. Is this reimbursement or a perk that counts as income? I have read arguments for both but I understand each case can vary as therefore so does the outcome. So he is being compensated for using his own vehicle so that his company does not have to provide one. It IS on his W2 and taxed. Advice would be appreciated.

My advice? Let your boyfriend deal with his own legal matters. There is no "we" and it really doesn't matter what you want. You can't represent him in court, and your very Very VERY limited knowledge on the matter is more likely to cause him trouble than to help him. The best help you can give him is to strongly encourage him to speak to an attorney.

 

[adjusterjack]

It IS on his W2 and taxed

Then it's income, pure and simple. And it will be used to calculate child support. On a positive note he can show the cost of gas, oil, maintenance and repairs as expenses to offset the income when calculating child support. He'll have to allocate a percentage to business use and to personal use.

Beyond that, I agree with Zigner, he should be talking to his lawyer.

 

[Kmlooper]

My advice? Let your boyfriend deal with his own legal matters. There is no "we" and it really doesn't matter what you want. You can't represent him in court, and your very Very VERY limited knowledge on the matter is more likely to cause him trouble than to help him. The best help you can give him is to strongly encourage him to speak to an attorney.

Firstly: Isn't this site called "free advice" and not don't ask us instead talk to a lawyer who charges you? Secondly, he is my fiance and therefore, his financial affairs are my own. And no I can't represent him nor would I need to. Because as I stated, I have been through this before and in this state you do not appear in from of a Judge for a modification. Anyway, you go to a person in a cubicle and I can even go with him. You must not have a woman in your life to naively believe it does not matter what we want. Haha. That's hysterical. That is ALL that matters. I'm orchestrating all of it because, unlike them, I do have more knowledge than the average person as it pertains to the family law system in this state in which I reside. Thank you for taking the time to offer me zero useful information. Much appreciated.

 

[quincy]

... Can I say that here? ...

No.

 

[Just Blue]

Read the TOS @Kmlooper

 

[Kmlooper]

Then it's income, pure and simple. And it will be used to calculate child support. On a positive note he can show the cost of gas, oil, maintenance and repairs as expenses to offset the income when calculating child support. He'll have to allocate a percentage to business use and to personal use.

Beyond that, I agree with Zigner, he should be talking to his lawyer.

There is no lawyer. This is just a modification of support. I've done it as few times and as I told Zithead, in my state, you file to modify and meet with a government employee in a cubicle who asks for your paystub and punches some numbers into a formula. If both parties REFUSE to agree on the amount then you get assigned a 15 minute hearing with a Judge. And so on and so forth. My question was for advice. I thought this was an advice forum. There was a similar question here on this site and he received a lot of opinions from knowledgeable people on his thread. Only the specifics of his reimbursement were different from my fiancee. He didn't drive all over the place for his employer.

 

[Kmlooper]

No.

semployer.

My apologies. However, it is difficult to translate that.

 

[Just Blue]

https://forum.freeadvice.com/threads/newbies-please-read-before-posting.387214/

It is an advice site. The advice is for the person who legal situation it is...this is your fiances legal issues and as such he should post for himself. Most of the VOLUNTEERS of FreeAdvice prefer to deal directly with the legal party.

 

[Just Blue]

There is no lawyer. This is just a modification of support. I've done it as few times and as I told Zithead, in my state, you file to modify and meet with a government employee in a cubicle who asks for your paystub and punches some numbers into a formula. If both parties REFUSE to agree on the amount then you get assigned a 15 minute hearing with a Judge. And so on and so forth. My question was for advice. I thought this was an advice forum. There was a similar question here on this site and he received a lot of opinions from knowledgeable people on his thread. Only the specifics of his reimbursement were different from my fiancee. He didn't drive all over the place for his employer.

Zigner was 100% correct in his post to you. If you can't be civil, then perhaps you should pay an attorney to assist your boyfriend.

 

[Kmlooper]

https://forum.freeadvice.com/threads/newbies-please-read-before-posting.387214/

It is an advice site. The advice is for the person who legal situation it is...this is your fiances legal issues and as such he should post for himself. Most of the VOLUNTEERS of FreeAdvice prefer to deal directly with the legal party.

Not a problem. I'll just change it to say I. Since that seems to be such an important formality. Or should I just repost a new thread and post as though I'm him since this site seems to have a bias toward women. You'd think you all would appreciate the fact that I'm actually advocating for a MAN who is OVERPAYING his ex-wife alimony, and whom he divorced because she was having an affair. But because he is such a nice guy, he agreed to everything she wanted. I'm trying to assist him in rectifying that situation.

 

[Kmlooper]

Zigner was 100% correct in his post to you. If you can't be civil, then perhaps you should pay an attorney to assist your boyfriend.

Lack of civility does not equate to paying for an attorney. I don't understand the correlation you are attempting to make. So far 5 replies, and zero useful advice.

 

[Just Blue]

Not a problem. I'll just change it to say I. Since that seems to be such an important formality. Or should I just repost a new thread and post as though I'm him since this site seems to have a bias toward women. You'd think you all would appreciate the fact that I'm actually advocating for a MAN who is OVERPAYING his ex-wife alimony, and whom he divorced because she was having an affair. But because he is such a nice guy, he agreed to everything she wanted. I'm trying to assist him in rectifying that situation.

I'm a woman. There is no bias. If you were to go to an attorney with your bf's paperwork and ask advice, the attorney would want to talk to the legal party. It's common sense.

 

[Just Blue]

Lack of civility does not equate to paying for an attorney. I don't understand the correlation you are attempting to make. So far 5 replies, and zero useful advice.

Have your BF join the site an we will be glad to assist him. The is very useful advice.