Fun times in court finally

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Fun times in court finally

Postby flynwa320 » Wed Apr 04, 2012 3:12 pm

History: Order paying a set amount each month. 30% pay decrease in mid 2011. Still paying same amount. EX files for more CS, based on what I used to make. Again, decree says I pay x amount only, NOTHING ELSE.

Ex attorneys asked for % of my company reimbursed per diem (even though it does not cover expenses), % of 2009-2011 401k hardship withdraws and 2009-2011 % of company 401k distribution, which I can't get to until I retire and CS based on my old job over the last 3 years. Judge gave no real body language hints, but was extremely fair to the couple ahead of us. Husband actually won. Hope my attorney is correct about this stuff. Her attorney asked me about all of the above and then my attorney just simply asked if I paid the amount stated in my divorce decree and what I make now. What a bad day. Felt horrible.

No retroactive anything in my state except to when she filed in December. Meaning, my decree says nothing about per diem, 401k W/D's, 401k stuff, just I pay her X amount every month. If the new decree changes, it only goes back to December. She was so unorganized, we ran out of time. $$$$$$$

I guess I am supposed to like this...
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Re: Fun times in court finally

Postby TXex's » Wed Apr 04, 2012 5:21 pm

What state are you in? That will determine what is and what is not considered for Child Support calculations.
"...it could be worse news then the fact you're going through divorce -- it could be as bad as you could continue to stay married to the lying screwing sleezebag" Thoughts?
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Re: Fun times in court finally

Postby flynwa320 » Wed Apr 04, 2012 7:11 pm

IL, the big rub is her attorney is trying to get me to pay based on income from previous years which I can't earn anymore, 401k withdraws that aren't available due to account being depleted and per diem, even though my expenses exceed the amount I get reimbursed to do my job, all documented.

My attorney is trying to tell me that all of these will be dismissed, he will look at current income, etc, but I have never been in front of a judge before and I take things pretty personally.

Don't have the funds for this, yet, here we are. I'm gonna be an attorney.
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Re: Fun times in court finally

Postby defaultuser » Wed Apr 04, 2012 7:40 pm

If I were you, I'd do my best to come up with some evidence for the court.

For example, you should gather some receipts for a business trip or two and show the per diem does not cover them. Maybe look up some case law for the 401k contributions, or show that you aren't vested...
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Re: Fun times in court finally

Postby flynwa320 » Wed Apr 04, 2012 7:55 pm

Have all the evidence I need, detailed monthly report, Federal tax return, receipts, etc. Its not even close, 4k in reimbursement, 13k in expenses. Lawyer still giving it a shot.

I guess it just bothers me that I feel so justified(and attorney is telling me not to worry) and I worry that maybe the judge with throw her a bone, even though it goes against case law. etc. Never been here before, so I am a bit anxious.
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Re: Fun times in court finally

Postby defaultuser » Wed Apr 04, 2012 8:00 pm

Look at it this way... Her attorney is making money billing hours and getting paid. He probably doesn't care who will win.

I'd consider asking my attorney to file a motion for attorney fees, citing exactly what you just said. The evidence and caselaw is overwhelming on your side, and their case is frivolous.
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Re: Fun times in court finally

Postby TXex's » Wed Apr 04, 2012 8:03 pm

Regarding your work related expenses and reimbursement, the following allowable deduction from income determining net may come into play in your favor:
"Expenses to repay debts that represent reasonable and necessary expenses for the production of income"
"...it could be worse news then the fact you're going through divorce -- it could be as bad as you could continue to stay married to the lying screwing sleezebag" Thoughts?
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Re: Fun times in court finally

Postby flynwa320 » Wed Apr 04, 2012 8:52 pm

Thanks, and yes, my attorney had already said that line about expenses to produce income. Of course, my attorney, who said this would cost 1000, is almost at 3000 already. Done tomorrow, hopefully
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Re: Fun times in court finally

Postby Enough » Thu Apr 12, 2012 5:58 pm

Are you talking per diem when you travel? If so that is insane! That is for travel expenses. If so that is another issue I need to worry about. I travel overseas very regularly with my job and my expenses are based on per diem rates. It never occured to me they could go after that. Like you, per diem never covers everything. I hope I am reading your post wrong. Good luck to you.
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Re: Fun times in court finally

Postby Trevor » Thu Apr 12, 2012 7:16 pm

I travel a lot too, and they tried to latch onto not only my per diem, mileage, and reimbursed expenses, but also my frequent flyer miles and hotel points. They got None Of The Above.
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