This is somewhat of a tricky question. The judge can count the per diem as income for support purposes. The issue as to whether the court is likely to do this depends on whether you have your own living expenses to pay (such as rent) on your home base, if you have one, or are living in hotel rooms all of the time. . If you live in hotel rooms all of the time, and your employer pays all of your hotel expenses, then these payments are probably income for support purposes. If you don't live in hotel rooms all of the time, and have home base expenses to pay, and the per diem is not income for income tax purposes, then the judge should not order that the per diem is income because it does not reduce your living expenses. See, for example, Stewart v. Gomez (1996) 47 Cal. App. 4th 1748,
The court does have the power to consider necessary job related expenses in determining your true income.
Walters & Moshrefi, Attorneys at Law
5446 N. Palm Ave. Ste. 101
Well, the simple answer is that your per diem is income and the expenses you must pay from it are expenses. If the per diem actually totals what you have to expend on your business travel, then it should all wash out in the end. It would be an error not to include work related expenses when calculating your support. Have you considered at least consulting with an attorney to help you with these “tricky” questions?
Best of luck to you.
This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.