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  1. #1
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    Jul 2013
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    Default Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    My question involves child support in the State of: Oklahoma

    My husbands ex is threatening to take him back to court to get more child support. We're not certain how she thinks she'll be awarded more, he's making less now than he was 3 years ago when they divorced. It's not much less, so we've never bothered getting the support modified. However, back when they divorced she claimed to make a very small amount of money per month. She doesn't work outside the home, but watches 7 kids (plus their 2) all day. We know what makes per week (she had a falling out with someone and supposedly had told them and they told us) and it is more than double what the child support was originally calculated on.

    We really don't care how much she makes. Our problem is her parents buy all the childrens clothes, shoes, pays for their lunches at school, etc. The grandparents and the children themselves have told us this. If she does decide to take us back to court, how can we prove her income is higher than she originally stated? It doesn't help that we really don't have money for an attorney. Can this be done without one?

    Thanks

  2. #2
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    Default Re: Husbands Ex is Paid in Cash and Reports Only Half of His Income

    Actually, you don't know what she makes. You know what someone who had a bone to pick with her told you that she told them.

  3. #3
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    Is it legal in your state for a single individual to watch seven kids, even in a home daycare, without at least one helper?

    If you can establish how many kids she watches and what she charges per child, the rest is math.

  4. #4
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    Jul 2013
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    cbg: well yes. However I know for a fact what she charged for 2 children and what we were told coincides with that.

    Mr. Knowitall: No, it isn't legal. I've looked into it. I know how many kids she watches and basically what she charges.

    My question is HOW can we prove this to the courts if she doesn't file taxes claiming this money.

  5. #5
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    If she files for modification, you really need to find the money for a good attorney who will know what steps need to be taken to prove her income.

  6. #6
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    Quote Quoting Mr. Knowitall
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    Is it legal in your state for a single individual to watch seven kids, even in a home daycare, without at least one helper?

    If you can establish how many kids she watches and what she charges per child, the rest is math.
    Actually, no its not just math. Her "income" is not the number of children she watches times the amount she charges. That would be her gross income, but her net income (actual usable income) would be her gross income minus her expenses. That is probably where the OP is going wrong on this whole thing. She is making the assumption that the gross income is mom's actual income.

    Self employed people are not required to use their gross income for child support calculations.

  7. #7
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    Quote Quoting jastepmom
    View Post
    My question involves child support in the State of: Oklahoma

    My husbands ex is threatening to take him back to court to get more child support. We're not certain how she thinks she'll be awarded more, he's making less now than he was 3 years ago when they divorced. It's not much less, so we've never bothered getting the support modified. However, back when they divorced she claimed to make a very small amount of money per month. She doesn't work outside the home, but watches 7 kids (plus their 2) all day. We know what makes per week (she had a falling out with someone and supposedly had told them and they told us) and it is more than double what the child support was originally calculated on.

    We really don't care how much she makes. Our problem is her parents buy all the childrens clothes, shoes, pays for their lunches at school, etc. The grandparents and the children themselves have told us this. If she does decide to take us back to court, how can we prove her income is higher than she originally stated? It doesn't help that we really don't have money for an attorney. Can this be done without one?

    Thanks
    The truth remains that you do not know what she makes. Unless you have her tax returns, you only have hearsay. The other fact is that it doesn't matter who buys the kid's clothes, shoes and pays for their lunches at school. If she decides to take Dad back to court, make sure Dad has all his duckies in a rwo.

    Please remember there is no WE in this situation. You legally have no dog in this fight.

  8. #8
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    Quote Quoting llworking
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    Actually, no its not just math. Her "income" is not the number of children she watches times the amount she charges. That would be her gross income, but her net income (actual usable income) would be her gross income minus her expenses. That is probably where the OP is going wrong on this whole thing. She is making the assumption that the gross income is mom's actual income.

    Self employed people are not required to use their gross income for child support calculations.


    It's math. If she is self-employed, the evaluation of child support involves both her income (A) and expenses (C). So with the introduction of evidence that she has under-reported by income by some amount (B), the math is (A+B) - C.
    Quote Quoting Oklahoma Statutes, Sec. 43-118B(E).
    E. Self-employment income.

    1. Income from self-employment includes income from, but not limited to, business operations, work as an independent contractor or consultant, sales of goods or services, and rental properties, less ordinary and reasonable expenses necessary to produce such income.

    2. A determination of business income for tax purposes shall not control for purposes of determining a child support obligation. Amounts allowed by the Internal Revenue Service for accelerated depreciation or investment tax credits shall not be considered reasonable expenses.

    3. The district or administrative court shall deduct from self-employment gross income an amount equal to the employer contribution for F.I.C.A. tax which an employer would withhold from an employee's earnings on an equivalent gross income amount.

  9. #9
    Join Date
    Oct 2006
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    Default Re: Husband's Ex is Paid in Cash and Reports Only Half of Her Income

    Quote Quoting Mr. Knowitall
    View Post


    It's math. If she is self-employed, the evaluation of child support involves both her income (A) and expenses (C). So with the introduction of evidence that she has under-reported by income by some amount (B), the math is (A+B) - C.
    Ok...valid point.

    However, I suspect its more like mom is reporting A-C, and the OP doesn't understand that C matters.

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