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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

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Attorney answers 4

Posted

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.

Asker

Posted

he has not been ordered to pay support as of yet because he failed to turn in the Fianancial statement so now he has a hearing for that, im assuming it his chance to say why when asked in 2011 he never turned in?

Judy A. Goldstein

Judy A. Goldstein

Posted

He will have a chance to explain but child support, when ordered, will be retroactive to date of service. You need a lawyer. This is too complicated to proceed pro so.

Asker

Posted

thanks

Asker

Posted

he probably got rid of all funds associated with 2011

Posted

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.

Asker

Posted

he claims on taxes that he doesnt have employees in busines name it just states sports not evena buisness name - what is schedule c ?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

that is the piece of the tax return on which business income is reported if the business is not a partnership, corporation, or llc. get a lawyer. you are in way way over your head.

Asker

Posted

thanks

Posted

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.

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Asker

Posted

Thanks One thing i forgot to mention he is paid cash so theres a lot of income not being said - on fiancnial staement he stated no car yet has $500 in gas expenses $150 a month in grooming ( hes bald) and where you were to write gross income instead of teh 78k he put his net of 30k im assuming he will say "simple mistake "

Gary L. Schlesinger

Gary L. Schlesinger

Posted

so issue a subpoena to the illinois secy of state to get his vehicle records. do a document request for receipts for the grooming and gas.

Posted

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.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

how is where and the length of time you are practicing relevant to answering the question?

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