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Child support - last year taxes father claimed 78k gross but 30k in net - he wrote off the 48k in business expense

Oak Brook, IL |

Never married he has no living expenses his mother pays all his bills he also doesnt have a vehicle i heard that what you write off in taxes in different then child supp. will the judge grant me more then the 20% of the gross of 30k due to no living expenses and also the difference in how they compute net income with the taxes and child suport? he's also in contempt for failure to turn in a comp financial statement a hearing is sent in a few months

Attorney Answers 4

  1. Your question cannot be answered in this general Q&A forum. Child support is detemrined according to many factors. Guideline support is not modified upward simply because the obligor makes more money. The needs of the child are a stronger consideration. You nedd to consult with an attorney and if it is time to return to court, do so. Stop listening to friends and family unless they are all lawyers. Consult with the real McCoy

    If your child's father has failed to do what he has been ordered to do, then bring him back to court. Only a judge - and not you - can find him in contempt.

  2. you should hire a lawyer. it is common to argue that not all those business expenses are legitimate for child supt. purposes. they may be for tax purposes. your lawyer will go thru the tax return schedule c to challenge many of the business deductions.
    you cannot do this yourself.

  3. You are aking a huge mistake if you go in withour counsel . This will not be a simple child support hearing but a much more complex one. If you have lawyer go in and prepare for he hrring with your lawyer.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

  4. You have to know how to do an accounting of his finances. The financial statement is not going to get you there. You need his gross income and detailed expenses. Then a list of customers. I've been practicing in Dupage for over 20 years, you need to get your information quickly.

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