What is required to report for income?

[the_nite_owl]

Hi,
I live in Massachusetts so my questions pertain to this state.
My wife is trying to get child support increased from her ex.
When the amount was set 3 years ago he reported very low income and was only paying $63. per week for two kids.

He works three jobs, two of them part time. During the divorce his lawyer claimed that the income on the two part time jobs only need be reported at 50% of his actual earnings. I do not know the reasoning or legality of this, it might have been based on other circumstances but my wife's lawyer (not my wife at that time of course) agreed that it was allowable.

Since that time his earnings have increased dramatically. He made over $56,000. between all of his jobs. Given his current income and my wife's income child support by the support calculator on the Department of Revenues web site should be in the neighborhood of $170. per week.
Initially he agreed to do the calculations and voluntarily amend the support amount but is balking at the numbers. Of course, this IS a big jump over what he was paying.

He believes that he is still allowed to claim only 50% of the income from his two part time jobs.
He thinks he is allowed to deduct his 401k contributions from the total gross.
He claims that overtime pay will be greatly reduced this year and estimated how much time he thinks he will work.
With the above assumptions he modified his own gross dollar amounts and ran them through the calculator and came up with a number around $100. per week.

I am certain that he cannot deduct his 401k from his gross earnings and that the calculations are based on previous earnings not what the "projects" that he will earn in the future, but what about claiming only 50% on his two part time jobs? Is this normally possible or the result of other circumstances?

I have been screwed over by my ex for years and am sensitive to the child support issue. I do not want to see this guy get hammered but he certainly needs to do more to help with supporting his kids. We may end up court in a battle over the amount because he and my wife just cannot find a way to communicate. I think we would probably get guidlines amounts but at the cost of attorneys fees and creating an even wider gap between them making future negotiations even more difficult.

What does he legally have to report for income? My assumption would be the total gross from all sources of income and that the courts would consider requests for reduction from guidelines based on circumstances.
I want to know if he actually does have the right to reduce his reported income and under what circumstances. If that IS the case then we can figure out what a more accurate figure should be and possibly come up with a mutual agreement instead of having to fight about it in court. I would even offer a reduction below guidelines just to keep things friendlier and on what I would consider a more reasonable level. I have personally been paying about $265. per week for a single child for about 5 years. I think MA guidelines are horrible. It is a matter of showing him that his legal obligation is $xxx. and then working out an agreement though and right now everyone has a different idea of what needs to be reported so we are not even coming close to agreement.

I would greatly appreciate any advice.

Also, my wife moved from the town she lived in with her ex to where I live about 45 minutes away. Is it possible to move the case from the former town to the new town for this and/or future modifications? The local courts said the modification has to be filed in the two the divorce agreement was filed in.

Thanks again.
Nite

 

[Silverplum]

In my state and others, it is fairly standard for the court/mediator to require the past three years' tax returns. This is what will be used for income. Unless your wife wishes to go to the expense of proving her X has other regular sources of income, that's what will be used.

It's not the X's job, nor is it yours, to calculate CS and all of the exemptions. If he and your wife can come to a private agreement and file it with the court, fine. If they can't, then the court/mediator will come to the amount.

It doesn't matter if you think the MA guidelines are horrible. They're the MA guidelines and will be used in the event that the parents can't come to an agreement. You need to stay out of the parents' business, dude.

As far as moving the court proceedings, the one who moves is the one who pays. She moved -- why on earth should the dad have to follow her around so that court proceedings are convenient for HER? Do you have any idea how selfish you and she sound?

 

[the_nite_owl]

Pardon me if I am a little offended but...

Geez, you really come off angry and condescending here. Given the subject I can understand anger but I think your response is a little over the top.

First of all, I am the step father of the children and responsible for more of their support than their biological father at this point. That is just the way it is and not an accusation against their father. So it IS my business to be involved, this issue affects the entire family emotionally, legally and financially.

Second, I am attempting to garner enough information to allow all of us to attempt to get past existing conflict and come up with a solution to everyones satisfaction without forcing the issue into the courts and a battle that will cause further conflict in the future.

Third, so what if I disagree with the MA guidelines? Why is that a point you have to sound off on? They are acknowledged as the most unreasonable in the U.S. However, the point I was making was that I would like to find a happy medium between what the state guidelines provide and what would be reasonable for their father to pay.

Fourth, I would like to change the venue because courts vary greatly from region to region. The town I am in will more likely come to decisions that favor us whereas the courts in the other town are predisposed the other way.
It is not a matter of selfishness except that in the search for justice we want to be certain we have a court that holds our interests. Of course this goes against the fathers interests but hey, this is about protecting OUR interests not his and certainly falls within the realm of something to ask for legal advice. Granted, you did not KNOW this from my post but there are a number of possible reasons for asking and you made the most negative assumption and jumped on it.

Can I assume you have been screwed over by an ex and have issues with someone that sounds like they are trying to do the same? I feel for ya.
I can almost guarantee that my screwing over beats your screwing over but that is a whole other story. Knowing what I have gone through I am trying to ease the process and stop the animosity from getting worse between my wife and her ex.

In my state and others, it is fairly standard for the court/mediator to require the past three years' tax returns. This is what will be used for income. Unless your wife wishes to go to the expense of proving her X has other regular sources of income, that's what will be used.

It's not the X's job, nor is it yours, to calculate CS and all of the exemptions. If he and your wife can come to a private agreement and file it with the court, fine. If they can't, then the court/mediator will come to the amount.

It doesn't matter if you think the MA guidelines are horrible. They're the MA guidelines and will be used in the event that the parents can't come to an agreement. You need to stay out of the parents' business, dude.

As far as moving the court proceedings, the one who moves is the one who pays. She moved -- why on earth should the dad have to follow her around so that court proceedings are convenient for HER? Do you have any idea how selfish you and she sound?

 

[the_nite_owl]

Child support agreements

You can here in MA.
You have to fill out the income information, write up an agreement and have it notarized then submit it to the court for approval.
The courts can of course deny the agreement but unless it is something crazy they should approve. It keeps you out of a battle and involving lawyers so it is considered a good thing for parents to do if they can work it out.

You CAN do this?! I've heard mixed responses to this. I've heard that CSEA would rather have the parents something reasonable out. Is it possible to come to an agreement -- file it with the appropriate court (juvenile, etc) and if the judge agrees with it, then the judge does. I've also heard the opposite that it's frowned upon by the CS agencies.

Don't mean to hijack the thread, but does anyone with actual experience with this (i.e. actual legal knowledge) possibly clarify this?

 

[Silverplum]

Not trying to offend you. The truth of the matter is that a stepparent has no rights and no ability to work on the legal issues. You can pay all you want for your stepkid/s, but it doesn't matter in the eyes of the law. This IS a legal site, right? I'm telling you the legalities. Want to piss off a judge or mediator? Act like YOU are in charge of THEIR case. That'll do it.

Because you're such a baby, I'm not going to bother with the rest of your whining and justifications. I had points I could make, but you are not here to learn.

Quit being so thin-skinned. You wanted info, you got answers.

You're welcome.

 

[the_nite_owl]

Not trying to offend?

Wow, if you WANTED to offend I bet you could do some real damage.

Any adult has the right to aid another adult if it is requested. I was not talking about going in to court and handling it, I was looking for advice that would help to NOT have to go to court but you would rather carry out your personal grievances on a stranger than actually address the questions put forth. But I am certainly able to investigate possibilities, consult with lawyers and aid in the protection of myself and my family. Sorry if doing so offends you.

Funny, when you cannot defend your attack you just throw an insult and pretend you somehow have the moral highground.

I came here and asked two simple questions and instead of addressing EITHER of the questions you criticized me for trying to do good in the world.
I feel really sorry for you.

Good luck.

Not trying to offend you. The truth of the matter is that a stepparent has no rights and no ability to work on the legal issues. You can pay all you want for your stepkid/s, but it doesn't matter in the eyes of the law. This IS a legal site, right? I'm telling you the legalities. Want to piss off a judge or mediator? Act like YOU are in charge of THEIR case. That'll do it.

Because you're such a baby, I'm not going to bother with the rest of your whining and justifications. I had points I could make, but you are not here to learn.

Quit being so thin-skinned. You wanted info, you got answers.

You're welcome.

 

[nagol818]

So What Are the Answers?

Especially to the one about the 401k? IS a NCP's 401k % subtracted before gross income is considered a total?

 

[haiku]

http://www.cse.state.ma.us/parents/cseguide.htm

the link takes you to Ma. guidelines page.

it will answer your questions.

as far as moving the case, your town courthouse in Ma. does not handle your case, the county courthouse does. so if you are still within the same county you divorced in, thats where your case will stay.