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For calculating child support, is the per diem meal allowance ($46) a work related expense under CA Code 4059 (F) ?

Glendale, CA |

Truck Driver, has to eat and sleep on his truck away from his house. His income is reduce drastically by not staying at this house as a normal worker. He eats out a lot because of this reason, which is more costly than eating at home. He is away from home 5 days per week.

Can he request the court to consider these expenses as Work Related Expenses under Code 4059 (F)? I understand can deny it, but is it reasonable to ask for it?

For taxes purpose, you can claim a fixed amount , which I think is $46 per day. How much is for child support? is it the actual cost?

Attorney Answers 3

  1. Best answer

    The short answer is that you can request that these expenses be deducted from your gross earnings, and you will want to attach a spreadsheet to your income and expense declaration clearly identifying each additional expense you are required to pay and whether or not it is reimbursed by your employer. However, if the main deduction is food, the court may not go along. This is because you are presumably saving on your grocery bill as well, and it is assumed that everyone must eat with the funds left over to them after the payment of support. Best of luck.

    Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.

  2. I see you have asked the question again. You gave of more detail this time.

    it's not fair to me how's your income is reduced by sleeping in your truck, but if there is a significant impact, then it is reasonable to ask the court to me take it into account.

    However, you really need to pay someone to assist you with this. When you get into non standard and sophisticated situations, free advice is not what you're really need of.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus provides “unbundled” services if you need specific assistance with a specific issue. I can be contacted if you put my name or Bar number, 110028, in the State Bar web site, or you can find me on LinkedIn or Google. Goggle E. Carroll Straus. If I seem right, proceed accordingly.

  3. Put it down on your income expense declaration and identify it with an mc 30, so the court can decide.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.