Alabama support question

[allemyne]

My ex is an owner/operator of an OTR truck.  He says his gross income is after expenses; I say it's not.  Who is right?

[bamacutie]

His income for child support is the amount on his income tax return.  My child's father used to be a trucker before he lost his CDLs and they can deduct everything!  Boots, fuel, oil, repairs, depreciation on the rig, tolls, tools, meals, and on and on and on.  Don't let him pull the wool over your eyes!  Income is income and deductions are deductions!

[Wolfy]

I am no expert but I was under the understanding that gross was the payment you got. Period. Net is after you pay expenses.

[allemyne]

Thanks!  I thought that was the way it was, but he is trying to tell me different (probably to try and keep me from pushing the issue) 

I knew in Florida I had a friend with a charter boat and his income was based on what was taken in before fuel, slip rent, and other expenses; I figured it was the same for truck drivers.

[Lee Borden]

I disagree. The income of an independent contractor according to Rule 32 is gross revenue less ordinary and necessary business expenses. What most judges do is to take it straight off the Schedule C. You can challenge that figure if you think Dad is lying on it, but it would take a good bit of discovery and perhaps the help of a forensic accountant.

[allemyne]

Actually, now that he's divorcing (again), we're trying to talk reasonably.  His STBX always interfered with our relationship, sending me nasty emails and always having "plans" when it was his weekend to get our son.  He's finally realized what was going on, and we're attempting to work out a reasonable agreement.  Right now, he's a year behind in payments and we're due to go to court this Friday; we're meeting this morning to see if we can come to an agreement on repaying the back support and figuring the new amount based on the needs of our son, including rent, food, clothing, etc.  . . .

I've been with him when he's gotten paid for loads a coulpe of times the past few weeks, and pretty much know what he's earning per load.  Figuring he makes 3-4 loads a week, it's a pretty good chunk compared to what his support is figured on.  Expenses for the truck I can kind of gauge; it's when he tries to claim his other expenses are deductible (rent, utilities) that we're going to fight!

[NoLongerLost]

Lee, as usual, is exactly right. My husband had to go back last year and his ex was trying to get support based on his net, which was ridiculous. She didn't think employees benefits and wages, rent, etc. should have been deducted.

She wanted child support based on $270,000 per year. A huge portion of this was for parts that customers paid for, utilities for the shop, worker's compensation, etc. This isn't money that he has to spend on himself. Being self employed has perks, but in this slow economy it's a day-to-day struggle. Those individuals with steady weekly pay checks should be very thankful.