Income Used To Calculate Child Support

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Latest post Fri, Dec 9 2016 6:50 AM by Drew. 6 replies.
  • Mon, Dec 5 2016 10:51 AM

    Income Used To Calculate Child Support

    My ex husband recently took me back to court and got child support down from $300 a month to $67.00 even though he only has our daughter one over night a week. He did this by only showing income from his first job and unfortunalty I make quit a bit more then he does (always have).

    I now have verification that he works as an independent contractor for another company as a second job and can work as little or as much as he wants so it is not guaranteed money. But with the verfication I received he is averaging about $1300 a month from this second job. We have a court date in December as I want this additional income calcuated into what he should owe for child support. Is this income something the judge would be willing to use in the calcuation as it is not a guaranteed. He has been with this second job since March 2014 so I do believe this is guaranteed income. He is also now working as an Uber driver, can this income also be calculated in for Child Support? I'm not trying to get more child support then what he should owe but $67 a month does nothing for my daughter and supporting her 6 days a week.

  • Mon, Dec 5 2016 10:56 AM In reply to

    Re: Income Used To Calculate Child Support

    The court can and will consider all verifiable income.

  • Mon, Dec 5 2016 11:20 AM In reply to

    Re: Income Used To Calculate Child Support

    Uber is a paying job, he should receive a 1099 for it. They take 20-30% of each fare. You may have to ask him to turn over his 2016 1099 when he gets it to claim. $67 a month for child support is a joke I agree, whe he hardly has her. Proving the income though is a different story.

     

  • Mon, Dec 5 2016 11:29 AM In reply to

    Re: Income Used To Calculate Child Support

    Thank you for the replies....it puts my mind at ease a little bit! I was fortunate to get an employment verification letter from his second job that indicates how long he has been employed with them, how much money has made year to date including the last 6-7 payments he received. Including payments he received the same time he filed paperwork in September and the day before we went to court in October and then lied in court that he had NO other income.

  • Mon, Dec 5 2016 12:48 PM In reply to

    • Drew
      Consumer
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    Re: Income Used To Calculate Child Supportourt will

    The court will not do your homework for you...it's up to you to produce reliable backup to his additional  revenue ...and many an IC may have ways to underreport the truth ....run the strength of your information past your counsel first ....and or seek counsels help to get reliable discovery of same ...



  • Thu, Dec 8 2016 2:16 PM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Income Used To Calculate Child Supportourt will

    AS an aside if you trip him up not once but twice as to having unreported income sources the court might take a very low,view of his entire credibility....but getting your Ex to hang his own credibility might be better left to your  counsel skilled at examination of unfriendly parties......



  • Fri, Dec 9 2016 6:50 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,368

    Re: Income Used To Calculate Child Supportourt will

    A mere letter from an employer might be inadmissible as hearsay if employer is not there to testify .....be careful and plan ahead with counsel how get EX trapped by his lack of credibility 

    Earnings re Uber and a 1099 will lag in reporting by one tax year ..plan ahead how to introduce that he also works for Uber. 

     



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