Vehicle Allowance count as income?

[Kmlooper]

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.

I would also be by his side, speaking and engaging in discussion. Perhaps even doing all the talking. It doesn't matter. Lawyers want money. I know this because my ex And I paid a combined 125k to them. And in internet land, he is here by my side, so you all are free to speak as if it's him typing, just as you would be free to speak to me in an attorney's office face to face. You may be a woman...or You may not be. Just as I may be him or not be. Anyone of us can say anything that is why the point is irrelevant of who I am.

 

[Kmlooper]

Okay. Here I am. Fiance here. Go ahead.

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

 

[Just Blue]

Okay. Here I am. Fiance here. Go ahead.

Read through some of the thread regarding "Third party interference" (Steps/GF/BF) and learn from it. Tell your gf to leave your custody/support issues to you.

 

[Just Blue]

Read post #3.

 

[Kmlooper]

She is my soon to be wife and has a large and expensive rock on her finger to prove it. Either she or I will repost the same question and change a few pronouns for purpose of formality, and I sure do hope you choose to not offer any of your free advice on the new post. You do understand that this is the internet, right? And anyone can claim to be anyone? And for the record, there is no negative interference whatsoever. I'm so blessed that she is by my side navigating this.

 

[adjusterjack]

My question was for advice. I thought this was an advice forum.

It is an advice forum. And I gave you advice. Turns out to be solid. The Arizona Child Support guidelines define Gross Income starting on Page 3. It also addresses expense reimbursements in paragraph D on Page 4:

Expense reimbursements or benefits received by a parent in the course of employment or self-employment or operation of a business shall be counted as income if they are significant and reduce personal living expenses.

Which tells me that his reimbursements may be excluded from Gross Income if they cover his actual business expenses related to all the driving around for the business that he does.

https://www.azcourts.gov/Portals/31/AOCDRS10H2018.pdf?ver=2019-04-10-164910-800
I suggest that he use this calculator provided by the Arizona Judicial Branch to get an idea where he stands with and without the expense reimbursements.

https://www.azcourts.gov/familylaw/2018-Child-Support-Calculator

 

[Kmlooper]

It is an advice forum. And I gave you advice. Turns out to be solid. The Arizona Child Support guidelines define Gross Income starting on Page 3. It also addresses expense reimbursements in paragraph D on Page 4:



Which tells me that his reimbursements may be excluded from Gross Income if they cover his actual business expenses related to all the driving around for the business that he does.

https://www.azcourts.gov/Portals/31/AOCDRS10H2018.pdf?ver=2019-04-10-164910-800
I suggest that he use this calculator provided by the Arizona Judicial Branch to get an idea where he stands with and without the expense reimbursements.

https://www.azcourts.gov/familylaw/2018-Child-Support-Calculator

I have been using that calculator since 2002. I know where we stand. She owes ME more or less depending on whether or not the vehicle allowance is included as income for me.

 

[Kmlooper]

It is an advice forum. And I gave you advice. Turns out to be solid. The Arizona Child Support guidelines define Gross Income starting on Page 3. It also addresses expense reimbursements in paragraph D on Page 4:



Which tells me that his reimbursements may be excluded from Gross Income if they cover his actual business expenses related to all the driving around for the business that he does.

https://www.azcourts.gov/Portals/31/AOCDRS10H2018.pdf?ver=2019-04-10-164910-800
I suggest that he use this calculator provided by the Arizona Judicial Branch to get an idea where he stands with and without the expense reimbursements.

https://www.azcourts.gov/familylaw/2018-Child-Support-Calculator

Have also read the guidelines, as well. Thank you. It is too vague and this particular topic is more fact-specific and discretionary.

 

[adjusterjack]

I have been using that calculator since 2002. I know where we stand. She owes ME more or less depending on whether or not the vehicle allowance is included as income for me.
Have also read the guidelines, as well. Thank you. It is too vague and this particular topic is more fact-specific and discretionary.

Then I shouldn't have to tell you that it's up to the court to decide whether to allow you to exclude the reimbursements from gross income or not. You'll need to have a hearing where you can argue that the reimbursements cover the cost of your business expenses and don't contribute to your personal expenses. From there it's up to the judge.

 

[LdiJ]

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.

If your employer were to switch to an accountable plan...a plan where you report actual expenses and they reimburse you, then they would not have to include it on your W2 and it would not be included in income. Generally that would be you logging and reporting mileage and them reimbursing you the standard mileage rate.