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Joined: Oct 2002
Posts: 26
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Joined: Oct 2002
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Just wondered if anyone out there knew of ways to lower your income. My husband some how sent his paperwork to the court (for determining child support) showing he makes only 1/2 of what he normally does. He already mentioned to me that he changed some of his deductibles. I just can't believe the difference though. Basically he is screwing me out of his paying the appropriate child support. He even told me several times that he wants to go for joint custody so he won't have to pay me child support. I worry so much about this and other things. He is so manipulative, vindictive, and kiniving (spelling). That is one reason we aren't together any more as well. Can anyone think of anything else I should be watching for??
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Joined: Jun 2001
Posts: 448
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His net income will typically go down post-divorce, because of losing exemptions, deductions, and other impacts that don't fully kick in during separation. For example, in my state, the temporary support (child+spouse) is deductible while separated, but after divorce only the spousal support is deductible. However, those effects should not drop it by half.
Maybe he is losing some big mortgage or property tax deductions. If he says the difference is that big, then you must ask for his tax returns or other supporting calculations, have a lawyer or accountant review it.
I have all this stuff modeled on a spreadsheet, for my state and number of kids. It seems that if one number goes up, another goes down to partially compensate. I think your formula-based support would go down, but not by half. The only thing you can do is obtain copies of all his relevant pay stubs, financial statements, receipts, etc., and then you have to slog through his estimated taxes following the IRS rules. And plug that into your state's support formula. Yeah, it's a lot of work.
If he simply changed his W4 withholding amount, then get his W4 form. I think the W4 is hard to use for separated and divorced people, so check it carefully against the tax rules.
Some pre-tax federal deductions on my pay stub, like insurance and parking permit, do not count as support deductions. A 401k would not be deductible for support.
I think that my wife did some things to artificially inflate the child support, but I do not think those methods would work in reverse for your husband. Looking at it from the husband's side, if he gets commissions or bonuses, maybe a company car or other expenses, there might be some opportunities to defer income. If he owns a business, then other possibilities open up. But assuming none of that applies, my basic suggestion is to make your own estimate of what his income taxes are going to be.
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Joined: Feb 2002
Posts: 4,199
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Are you married to my H? Mine did the same thing, says his income dropped by 2/3, he even asked for alimony. And he wants 50/50 custody to avoid child support. CS & Alimony are based on Gross Income, not net, so deductions and 401k contributions are not eliminated from your gross. I hope you have copies of your last few years income tax forms, because this is where you can prove his income. It's really easy if he works for a corporation, he'll have paycheck stubs. Don't sweat these games, the lawyers will get past these.
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Joined: Oct 2002
Posts: 26
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Joined: Oct 2002
Posts: 26 |
Thanks for the info. He also gets a bonus which is about 1 1/2 times his salary. And with the guidelines through Friend of the court, they are saying that I will get 20% of the net "not 30% that is normal because after he makes so much, guidelines are he doesn't have to pay." I don't get that??? You would think the more he made, the more he paid. I don't want to be the one to sound materialistic about this but I saw him screw over his first wife, and he is now trying to do this to me and the whole time we were married he would crab at me spending money (which I didn't). He was always buying the toys, cars, 4-wheelers, boats, etc. I can recall 3 new pieces of clothing in 5 years of marriage!!!!!! He'd even complain if I would buy food and there was already food in the pantry because it was just more junk. I just don't know sometimes.
I think reality is setting in with him though because the lawyer told him that we will even have to sell our camp because neither one of us can afford to pay the other off. That didn't make him too happy -- but since I filed in June, he has racked up about $65,000 in debt. What a spender!! He seems to be one that tries to make up his unhappiness by buying material things.
He has/is still bugging me to reconcile, but I truly believe that it is because he realizes how broke he will be after paying 2 women child support and having to share even a little of his bonus with me, which I am sure he was counting on paying off his debt with. That is usually what happens every year and I'm in the same boat -- getting nothing. Sounds horrible, but I've decided to think of me -- it'd be nice for me to look forward to something!!!!!
I also don't believe he can be faithful after so many lies -- our counselor said he has a real problem with lying. So do I really want to get back in that situation????
He also said to the friend of the court that his bonus will be much lower in future years because of construction. That is a farce -- his company is expanding, so it would increase.
In a way I can't wait until that is all over - I am so sick of all these mind games.
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Joined: Jun 2001
Posts: 448
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Not every state does it based on the gross; you really have to find the applicable rules. I think www.divorcesource.com can link you to a summary for your state. Bonus projections, or any type of projection, would get contentious. If there is a lot of money at stake, which it sounds like there is if he is hitting a limit, then you need to obtain several years worth of records and get some professional financial (not just legal) advice. If he will be paying support for multiple marriages, that also affects what you will get.
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