proving income

[worriedinmd]

My ex is a hair stylist and is really lowballing her income. Does anyone know how to go about proving that she isn't claiming hardly any of her tips. She has actually told me how much she makes and I documented it but I'm sure this will not hold up in court. Also she only works 30 hours a week so will the judge figure support based on her 30 hour week or will they base it on a 40 hour week. If anyone has any idea on how to prove this please let me know.

[ocean]

They will base it on her work week -30 hours. Tips are hard to prove... 
What state are you in? My state is does not matter what the CP makes...it is strictly on NCP salary. There is child support calculators on-line for each state. Plug in the numbers and see what it states. Some judges will allow a break if you pay medical or travel expenses to see child.

[worriedinmd]

I'm in md. As of right now I have the child 4 nights a week and based on the current numbers it looks like I'm going to owe a little over 100 dollars a month, but that's only because she only claims half of her tips. In maryland it's definitely based on both people's income. I just think it's not fair that she can choose to only work 30 hours a week and I just have to pay more to make up the difference when I'm the one who is also providing more support for the child. I just wish there was some way to prove the tips.

[superdad01]

You only have to pay $100 a month........?  Good lord, regardless of the situation I would be more then happy to only have to pay that. Keep in mind it could be lots worse. I pay $500 a month and have our daughter nearly everday. Just not the overnights.

I guess you could argue that her pay should be imputed at 40hrs because that is the standard work week. Consult an attorney.

[gemini3]

Do you really want to pay an attorney, court fees, etc. over $100 per month?  JMHO, but some battles just aren't worth fighting.  Even the IRS has a hard time getting tipped employees to report the correct amount.  I don't know that you'll be able to win on this, and it seems a small victory when you look at the big picture.

[Beatupdad]

!00 bucks a month and you wantto take it back to court and pay thousands in attorneys fees and missed work..'
I Think Id be quite happy if thats all I had to pay..

[Ref]

I think the best you can do is to do one of two things.

1. If her income for working 30 hrs a week is less than minimum wage, I would ask that minimum wage be caculated. If she recently reduced her hours, I would ask that it be calculated at 40 hours at minimum wage.

2. If she had a different job and was making more in the past couple years, you (meaning your attorney) can ask for her tax returns for the time she worked at the other job and say she is not working to her potential. That way you can get her income imputed.

Honestly though, to fight to reduce your CS will likely cost you thousands of dollars and might cost you a lot more emotionally. You have to look at it in a cost/benefit way. If you get your CS reduced to $50/month and the court case cost you $3k (DH's cost him $5k),  It will take 5 years before the whole thing saves you a dime.

Sometimes you need to take a step back and not worry about what is right, but what will be best for you and your child.

Take care,
Ref

[MixedBag]

there are internet sites out there too that will give you "average" wage for particular fields of work.

Don't know what a good address would be.

[Ref]

Salary.com is a good page.

Ref