I need your HELP... PLEASE!

[nosonew]

DH is Cp after years of litigation and false allegations. FINALLY ss decided he wanted OUT of the drama... has been with us 2 years.

NOW, BM has quit her 22.00/hr job (just did an employment check from her employer) and is working at KWIK SHOP for 6.60 her hour!!!

We are court ordered to use our case manager for all disagreements, which has always been a blessing. UNTIL NOW. She is not knowledgeable regarding child support calculations.

Here are the facts:

BM owns 4 rentals. NONE of the income from this has ever been figured into child support calculations. She is not "forthcoming" with income regarding these rentals to the case manager, just wants to deduct her expenses from her gross income.

HELP!!!

I need info on how rental deductions are NOT specifically used in figuring child support!

Our attorney is NO help regarding this matter!

Thanks...

[ocean]

I am taking a guess here...but if you know which rentals she owns and possibly get paperwork stating that from the town then she should have to input that income THEN take away the duductions PLUS add her regular job. I would also fight that she is underemployed on purpose. Good luck!

[JB]

If you ask for an adjustment of your CS, She should have to submit her tax records for the past 3 years.  Her previous salaries and rental income should have been filed on her tax records.

[rini]

Hello Nosonew!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

give me a holler i can provide you with so much help with this

first of all download form 4506 form the irs web site

lets chat soon

rini

[nosonew]

Hi everyone... Hugs Rini! (don't have your current email!)

Okay, spoke with a child support attorney (initial free phone consult) and he stated that

1) Most rentals likely don't make much initially and proving deductions is a pain in the @ss and likely won't increase her income much... COMPARED to

2) Her salary she SHOULD be making.

3) IF she quit her job, her income should be imputed at her ABILITY to earn, ie: what she was making before she quit

4) He stated that is what HE would go after.

5) I had a friend call her employer (the one she no longer works for) and they told her a) No longer employed due to mutual decision and b) not eligible for rehire

So... if you quit by mutual decision, does that mean YOU QUIT in a legal sense? She apparently wasn't fired... (although it sounds like they recommended she quit OR be fired, so she chose to quit).

So... what do you think? What would YOU do?

[wysiwyg]

Hi saw your post on Socs board adn wanted to offer my 2 cents to your comment about quitting vs firing and imputing.  My husband had a great job, but then his ex filed for divorce and the court battle began, because he was a one man office in this location to a huge corp.  he was continually having to take time off to go to court, and she would always call him thus he was not able to take other calls etc.  He eventually got fired, and on a HS education his income was imputed becasue he had been fortunate enough to have good jobs in the past, the court said he could take any of the hundreds of jobs in this county and imputed on income based on over $1000/week.  Now with the economy the way it is the thousands that loose their job daily, he is doing an odd job not in his expertise gets no sick, holiday time or personal time and not even a lunch break, and we have to pay CS based on that job over 10 years ago.

[nosonew]

Wow, that is terrible. Sorry you have to go through that...

As usual, I think the system is giving her a break because she is a woman. When DH was NCP, he asked about quitting his good paying job to start a business, which wouldn't make much $$ the first couple of years, but likely would make more $$ later. He was told his CS would be imputed at what he had been making.

We have 2 1/2 years left until ss graduates high school. I don't know if the attorney fees, etc., will be worth the cost.

Sooooooo irritating!

[nosonew]

So... we emailed her asking simply if she quit or was fired.

Her response:

"I quit due to health reasons".

However, within a month she was back working a job that requires lifting, standing, staying awake, etc for the same amount of hours as the previous job.

So, what do you make of that?

[4honor]

I quit for health reasons translated (under these circumstances) usually means

I like my back side the way it is and I quit before they fired my a$$.

[nosonew]

LOL... I think you are right 4Honor!

However, I have a certified email (thank you readnotify!) stating she QUIT her job.

AND... our case mgr withdrew from the child support issue, so now I have to find a good child support attorney, and likely will call the one I spoke with and retain him.

ALL will be well! BB will just have to find a job that pays decent and I will be looking and keeping records of all jobs listed in her area!