I'm confused

[texasdawn]

What is the name of your state?What is the name of your state?Texas

Dh has one daughter with his ex. she is 6. They are going to a negotiation meeting on Tuesday, and we have no idea what to expect. I have some questions:

1-Do they determine support based on current checkstubs, or by last year's tax papers gross income for the year?

2-We have 2 kids here and 1 on the way. do they take into consideration the children we have togther at all?

3-If the mother is not working (was in a car accident, her fault from DWI but says she cannot work at her job as a "waitress" at a gentleman's club), how does that effect the support? Does that mean we pay more/less/or not change it at all?

4-Dh's job pays for his vehicle as it is only used as work. On the checkstub, it is counted as a "fringe benefit". I thought that since it was mandatory for work, and the company paid for it, then it would not be counted as income. His company told him today that since it was taxed, then it IS counted as income..is that correct?

i am sure i have a ton more questions but any input would be great! Thanks

Dawn

 

[LdiJ]

What is the name of your state?What is the name of your state?Texas

Dh has one daughter with his ex. she is 6. They are going to a negotiation meeting on Tuesday, and we have no idea what to expect. I have some questions:

1-Do they determine support based on current checkstubs, or by last year's tax papers gross income for the year?

Frequently both are used.

2-We have 2 kids here and 1 on the way. do they take into consideration the children we have togther at all?

I don't think subsequent children are considered in TX, however I could be wrong. Some states take subsequent children into consideration but I don't think that Texas is one of them.

3-If the mother is not working (was in a car accident, her fault from DWI but says she cannot work at her job as a "waitress" at a gentleman's club), how does that effect the support? Does that mean we pay more/less/or not change it at all?

Again, I think TX is one of the states that basis it on the non-custodial parent's income only...therefore I don't think it will matter that she isn't working.

4-Dh's job pays for his vehicle as it is only used as work. On the checkstub, it is counted as a "fringe benefit". I thought that since it was mandatory for work, and the company paid for it, then it would not be counted as income. His company told him today that since it was taxed, then it IS counted as income..is that correct?

If its only used at work then how is it that they are getting away with treating it as a fringe benefit and taxing it? In any case, yes, at this point it is income and would be counted as such.

 

[Inquiry123]

How much is the fringe benefit worth in dollars?

TD:

Been there (TX), done that (Support Calculation).

In addition to what LdiJ has posted, hope this helps on Tuesday...Your husband has to be prepared to to the following...

1. Go into the negotiation PREPARED. TX will require your husband to pay 20% of his post-tax income as support for one child (unless he has other children.) That's pretty much black/white...and he will want to have an idea of EXACTLY what that amount is before the meeting starts.

TX has a standard computation of figuring out how much in taxes your husband SHOULD be paying according to his situation. In other words, it doesn't benefit him to over-withhold for taxes and have his regular paystub reflect a smaller net amount.

He should have the last 3 years of his W2's, tax returns and paystubs available. If your husband is a commissioned swim suit salesperson (for example) his paystubs will reflect higher payment during the summer months and relatively low amounts during the winter. Tax returns can help you show a BALANCED income over an entire year. Maybe last year was a great year for swim suit sales but the previous two years and this year so far were average years-- you'll want to show TRENDS in his earning ability and shoot for the average over the years. This approach would apply to other income issues such as overtime or multiple jobs.

So, it's up to him to know the real numbers and be prepared to ARGUE (nicely) about his accurate average net income.

2. If your husband is the father of your 3 children, they will result in a lower percentage of support ordered to be paid for the 6 yo daughter of the previous marriage. However, child number 3 will not figure in until delivered. So, in your case, the support for the 6 yo will be set at 16% of your husbands net income. 14.75% with all 3 add'l children.

3. His ex's income is virtually irrelevant in TX. Forget about it. It doesn't matter if she just hit the TX Lotto or if she's unemployed. And although the in-laws are very interested in hearing more about the possible "stripper" angle, the court is not -- leave it alone. All that matters at the meeting will be your husband's income.

4. Ah, the car. If it is being taxed, it has a value. Get a written statement from his company as to the value assigned to the car for which taxes are being withheld. Does the auto benefit include insurance? I thought so. How about maintenance? Fuel? Scared?

The key to winning this argument is to show that the vehicle has a reduced value. Does the company require him to use the vehicle whether he needs/wants it or not? So, it's forced upon him in order to work at the company...and it really only benefits the company, perhaps.

Does your husband get to keep the vehicle when he quits/is terminated? No?! So, it has no residual value to your husband. The maintenance and fuel are probably provided to transport your husband from job to job -- and ensure the mechanicability of the company's asset. And he probably only drives it to work...not to the grocery store.

See what I'm saying? What does the vehicle really do for him?

I drive a number of different luxury company-owned vehicles. But the value of the benefit for which my company taxed the depreciation of the vehicles, maintenance, insurance, fuel was set at $114/month according to their written statement. Ultimately, in my case, the judge disregarded my ex's requests to have the benefit valued at ANY amount. Good luck.

 

[ejmmolina]

As far as her stripping or working in a strip club has no matter what so ever. Friends brothr tried to win custody because he didnt like that she worked in strip club as dancer. Judge says well Mr. JOnes where was she working when you met her, Oh my at a strip clucb as a dancer!!! Well then you still chose to have a kid with her to bad. Then there is the well at least she is working and not drawing off of state aid. Unless other parent is drug dealer or something of that sort dont even mention it. It would just be a waste of time. However the whole DWI is worth mentioning just not sure in a CS hearing maybe a custody.

 

[texasdawn]

We were wondering why he was being taxed on it as well. I did much research and found out that if they gave him a vehicle, company or not, then the employer must pay the tax. Since they are giving him "cash allowances", it is counted as income and is taxable..and that will hurt us in the meeting. but I told him to still bring it up and explain. Maybe we can catch a break (ha!). but the company got around that one pretty good. That way he WILL still have the vehicle if he quits. They pay him for most of the note each month, all of his gas and maintanence,etc. So who knows...

I thought each child was 2.5%? 20% for the first child then 2.5% for each of mine...?

I knew to bring last year's tax return, but didn't know to bring the years before. I mean, his income has changed dramatically year to year, so I dn't know how that will work out.

I will post when I hear from him after the meeting tomorrow. fingers crossed.

 

[texasdawn]

Update

I don't know the breakdown in the order (Dh has it, and he just called me from work with the info on it.) He is ordered to pay $350/mo support (which is WAY less than what the online calculator said), $120/month back child support, and $87 for insurance. The insurance is interesting...the child has medicaid, just like my chidren, and even though we qualify for medicaid, unless the child is living with us as we are the CP, then she can't get it, and PLUS the father MUST pay for insurance, no amtter what. So basically, he is paying $87/mo for use of the medicaid until we find a private insurance for her. No problem. Once we get the back child support paid ($6633!! yikes) then we go down to $350. They also told me that once my baby is born in May, eventhough it would take it down a little bit more, we can't modify it again unless his income changes. I thought otherwise, but guess I was wrong. Again, thanks for the responses. I do have a question reagaring back child support, but i will make a separate thread. thanks again!