Question:
If I understand previous post's correctly per- diems are beneficial when it comes to child support being established. I will be going to court in a couple month's to have my monthly child support payment established and would like to know if geting on my company's per-diem plan for my paycheck would benefit me? I also understand that when that is done I should remove myself from it?
Thankyou

Answer:

I'm not a lawyer so double check anything I say for your own protection.
Per Diem is good if you want to look like a pauper on paper. You are getting cheated out of your employers contribution towards your Social Security. To a lending source, you're not making diddly.
Almost no lending institution will regard your per diem as income. It seems (and you better check with your lawyer)that the court system usually doesn't either. This isn't to say that her lawyer can't try to get it included. They can try anything they want. You'll have to prove that it's not taxable income(as per diem) and that you are spending at least this much to be on the road in the performance of your job. If you can prove that you are using more than that amount(out of necessity and not frivilous) this will generally count in your favor.
The part about changing after the court sets the amount. If she finds out that your circumstances have changed and you're now bringing home substantially more as earned income, she can go back into court and attempt to get that much more from you.
I would like to be able to say just go ahead and pay the max amount because it's for your kid(s) but the reality is that only a fraction of it will really benefit the child(ren).
Too bad the courts can't mandate that a separate account be opened at a bank and any/all monies withdrawn from that account must be proven to be spent on the kid(s). I see this as no different a request/demand that the court places on you to prove you're using your money to maintain a job.
Good luck pahdnuh.

Answer:

Bob gave a pretty good answer. Except these are your kids.....
Hiding some of your income could be called perjury by the court.
HAPPY MOTORING AND I WILL...SEE YOU AT THE TOP. russell
I will buy coffee at the TA or Petro

Answer:

Too bad the courts can't mandate that a separate account be opened at a bank and any/all monies withdrawn from that account must be proven to be spent on the kid(s). I see this as no different a request/demand that the court places on you to prove you're using your money to maintain a job.

I see where you are coming from....but, as a person who recieves support for her children...let me just remind you of this....
I have to pay rent, buy food, pay for the phone bill (so their dad can call them, pay for propane...both for heat and cooking, put gas in the car and maintain it ( to transport them places besides normal use), buy them clothes, medicine, and any other health things, shoes, do their laundry, be sure we have soap, shampoo, tooth paste, toiletries of all sorts, winter coats and boots, I also send them to summer camp and they do Boy Scouts, I also get them books from book orders at school......I'm sure I am missing a few things.
The amount of support I get for the 2 kids in no way covers this, nor does it even cover half of it.... As a matter of fact, I even gave my ex a break...when we went to court, I allowed him to pay $75 less per month than what they said I was entitled to get. I also split the medical bills 50-50 with him for what the insurance doesn't cover...mine was supposed to be 45%.
I am in the process of opening a savings for each of them and putting a percentage from the support in each account, so if anything big comes up for either of them, we can cover is.
I do not feel I should have to keep reciepts for any of this to prove I am using it for the kids. They have a good, warm home. They have plenty of food, and clothing, ect. That is proof in itself.
BTW, my husband also pay support for my step daughters....so I am on both sides of this thing...don't get me wrong. We do not expect reciepts from his ex either. They are cared for very well.
I do understand some people do not use the money for their kids......but most of us do, and shouldn't have to pay for others screw ups.
One more thing...my ex got out of paying 5 years of support, which I will never be able to collect from him. My husband has taken care of these kids for 5 years now, even though they aren't his bio-kids. He has never complained about it, and never will. And,even during that time, I still allowed the kids' dad to see them whenever he wanted to. And, let me tell ya, HE complains about the amount of support he is paying...LMAO! He got out of about $20,000 because of the 5 yrs he doesn't have to pay.
Will I give him reciepts?? NO flippin' way.
********
Little Angel(with a bunch of numbers after it)....
walks her cute Levi's wearin azz away
*3 of 3*

Answer:

Thank you also. I have some very strong feelings about paying child support.
I have written much on the subject, and always get into a lot of hot water.
If the non-custodial parent does not want to step up to the plate and take responsibility for their actions, then they should have been "fixed" when they were 16!
HAPPY MOTORING AND I WILL...SEE YOU AT THE TOP. russell
I will buy coffee at the TA or Petro

Answer:

Child support can and often is used as a weapon by the custodial parent against the non-custodial parent. It is nothing more than a legal racket to extort money from folks. That bull about dead-beat dads more often than not really applies to the custodial mothers more than to the fathers.

Answer:

I didn't want this to turn into a child support topic...sorry.
I don't begrudge a needy parent their due child support.
I do know the reality of many cases.
I got hit for $1200 a month plus. 1 kid. His mom was working part time and making a fair wage. I paid till I bled. Funny how she could afford a new Jeep and a complete kitchen. I guess those things were necessary for my boy's health and welfare.
Her lawyer tried to claim that my purchase of a heavy winter coat was a frivilous act despite the fact that I showed the purchase in S Dakota during a severe snow/ice storm.
I'm going to stop here because it's bringing back memories and ill feelings that I just shouldn't be remembering.

Answer:

Bob....I do know what you are saying. Believe me. And my reply was nothing against you.....or any other good non-custodial parent trying to care for their kids.
By Honky Tonk
It is nothing more than a legal racket to extort money from folks. .
Excuse me?? So, what are you saying?? That a non custodial parent shouldn't have to help take care of the children THEY helped produce?
That bull about dead-beat dads more often than not really applies to the custodial mothers more than to the fathers
Please do explain THAT one! I'll have you know, I have taken care of my kids for 10 years with no help from their father. As I stated above, he didn't pay support for 5(actually it was more, but I hadn't filed for it till '95 and the order was put through in 2000...he was not held responsible for those 5 yrs) of those years, and I will never get it from him. My husband has been taking care of these kids since '97.
So, I would like you to back up what you are saying in that quote!
********
Little Angel(with a bunch of numbers after it)....
walks her cute Levi's wearin azz away
*3 of 3*

Answer:

I didn't know this was a sore subject. Just for the record I would never deny my children anything they needed.In fact I had custody of them for almost 7yrs. During which time they're mother never paid me anything to help with the cost of raising them and still took full advantage of her weekend visitation.She will never have to pay me for 5 of those years either. When I did file a action with the courts she purposely quit her job and all she was ordered to pay was $240.00 a month for 3 children.
I know there are alot of good parents out there that use the money as it should be and work together for the good of the children , that is the way it should be. Unfortunately, there are others that think they should have all the parental rights and none of the responsability.
As far as I am concerned right now I should have 7yrs free.But we all know the courts wont see it that way.
For all you good parents out there I congratulate you on putting your children first.
Unfortunately my ex is white trash that thinks the system and I should be handing out money for free.

Answer:

I solved the whole support problem. I stayed married (23 years now) to my kids mother. That eliminated a whole lot of problems!!!!
HJ
Happily married-so far!!!!!