3rd party income
This is just a vent really.
If BM doesn't work because she doesn't want to and doesn't have to but the children are at expensive schools and she gets a new luxury car and lives in a million dollar home, how come no one at the tax department cares about that or notices?
She doesn't work so she pays minimum. According to the Government she has no income. Why is income the only factor?
Her wealthy parents pay all her costs, buy her and the children everything they could ever need or want and take her and the children for luxury overseas holidays etc. Apparently this is 3rd party payment (not income) so it is not assessed. How come? Isn't CS about the needs of the children? If those needs and wants and luxuries are being met by someone else, why isn't that looked at? Isn't there some sort of natural justice here?
We pay max CS and we are struggling because I lost my job and we couldn't' take the children out of private school without her ok. We have no money to take her back to court. Meanwhile she lives the life of a princess.
blech.
Why does DH HAVE to pay 1/2?
Why does DH HAVE to pay 1/2? Even colleges figure "expected contributions" on income. He got screwed.
I'm sorry you're going
I'm sorry you're going through this.
You can contact your state's attorney general's office and get paperwork to try to reduce it. You could also have DHcall the private school, tell them your predicament and see if there is any payment program they have for kids and parents in these predicaments. Unfortunately, I don't know if there's anything you can do about BM, her parents and her lifestyle.
I believe that any gifts that
I believe that any gifts that total more than $12K per year are taxable. Each of BM's parents can give her $12K per year.
A call to the IRS outlining the amount of "gifts" given to BM and the totals in excess of $10K would likely get some IRS attention particularly considering that the IRS is giving a lot of attention to people who are failing to pay their taxes.
I would call the IRS hotline and report BM anonymously.
I did not ask my wife about
I did not ask my wife about this. I will though. I am sure there is something that allows the idiots to get away with this crap.
My SS's BioDad lives in a home owned by SpermGrandMa and SPermGrandPa rent free. Gets their older cars every few years when they get new cars and they raise his youngest three out of wedlock spawn and pay the CS for my son without help from their idiot son.
Interestingly, the judge ruled that their income could be added to BioDads for calculation of CS but the judge chose not to include their income because "that would take resources needed to raise the younger three".
Oh well, idiots get away with this crap, the rest of us are stuck raising our own kids, housing ourselves and paying taxes. Gotta love the government!
Well, I asked my CPA. While
Well, I asked my CPA. While she was in the shower. Aparently it has to do with the inheritance laws and the $5Mil has to do with that.
Damn it.
Gifts are taxable but
Gifts are taxable but actually taxed on teh donors part:
Who pays the gift tax?
The donor is generally responsible for paying the gift tax. Under special arrangements the donee may agree to pay the tax instead. Please visit with your tax professional if you are considering this type of arrangement.
What is considered a gift?
Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.
What can be excluded from gifts?
The general rule is that any gift is a taxable gift. However, there are many exceptions to this rule. Generally, the following gifts are not taxable gifts.
Gifts that are not more than the annual exclusion for the calendar year.
Tuition or medical expenses you pay for someone (the educational and medical exclusions).
Gifts to your spouse.
Gifts to a political organization for its use.
In addition to this, gifts to qualifying charities are deductible from the value of the gift(s) made.
I can tell you her wealthy
I can tell you her wealthy parents have it all set up so they pay minimum tax for everything. I think they pay accountants more than we earn every year just to work out ways not to pay tax. They own a finance and lending company (mortgages).
Having a job and earning an income is for losers I reckon and I think they think that too. I know they think it's clever and they are "getting away with it". I also know they think we should be punished. BM went nuts when DH met me even tho she left him and had an affair.
But you know why they want to punish us? Because we are happy. Yes we are. We have no money but we have lots of love and they are all miserable, living in their palaces that look like marble morgues and all cheating on each other and counting their money, congratulating themselves on how clever they are compared to taxpaying workers. They can have it.
I guess I am hoping somehow someday the good guys finish first. Maybe we already have....:)
It still makes me so mad I
It still makes me so mad I want to cry though. The injustice of it.....especially on my bad days.
I know it is frustrating to
I know it is frustrating to struggle and watch BM live her happy life with all her money. I know it hurts to hurt! It is only temporary.
We have stuggled, been bankrupted, owed IRS 14K, foreclosed on, been on food stamps, repo-ed, sued, sued, sued, by BM for more money. All while BM takes vacations to Padre Island and the coast....we can't afford food, and she is on vacation without the kids....NICE!
Tables have turned after 10 years. We still pay out the ass $1200 a month, and $350 insurance, but we have a nice big house, nice new cars, I'm finishing college, we have a vacation condo....and she is about to be OUT of FREE money for herself. She lives in a low rent house with sheets on the walls, because she is too unmotivated because of all the pot she smokes.
How come? Well the law isn't about what is fair. It wouldn't matter if she did have a job, you would still pay the same amount. BMs don't HAVE rules, they get to shit on you and you are expected to take it! The legal system is about paying an asshole to fight an asshole in front of another asshole and then deal with the asshole attorney general who basically represents the asshole bm. This is the CIRCLE OF GREED. It is a self financing system.
One gal put it: CS is nothing more than prostitution on the installment plan.
Her parents are already
Her parents are already paying taxes on it...
lol - maybe you are right I
lol - maybe you are right
I think you may have missed my point. Is CS about caring for the child? Or is it used as punishment by some? Could it be about greed or real need?
I am in favour of CS. Often, women put their careers on hold to care for children. The income disparity that results often disadvantages the woman and that should be put right.
Our BM doesn't like working. It bores her. She lives in luxury and so do her children. This isn't about need or adjusting an unfair situation anymore.
Wow. This sounds like a big
Wow. This sounds like a big freaking mess! BM and the kids sure do have a rude awakening coming for them in the future living that way!
i'd be taking that to supreme
i'd be taking that to supreme court, in oklahoma, even "assited" income is income...for example, my ex's mom bought him a house, and whatever HE doesn't cover but IS covered is considered income to him (bringing that up soon)....that would be the same thing if mommy and daddy bought her a car/house/pay utilities/school tuition/groceries, whatever.
Some, The family law court
Some,
The family law court can consider this income for CS calculation purposes but the IRS will likely not tax it as income.
We requested that the SpermGrandParents income be added to BioDad's for CS calculation purposes when he repeatedly asked for mine to be added to my wife's for CS calculations purposes. He lives in a home they own, rent free. They give him cars, pay my SS's CS and raise his youngest three in their home with no financial help from BioDad. SpermGrandPa hates his idiot son but SpermGrandMa has put she and SpermGrandPa in to near bankruptcy because she wants to keep the impression that her precious baby boy is a good father and a "man" :sick: of character. Saving face for her is critical. If I had behaved like my SS's BioDad has, my mother would have killed me and happily displayed my body in front of the house with a sign nailed to my forehead proclaiming "This was my idiot son who would not support his own children. I have saved society from any more of his idiot crap."
The judge did say that she could choose to add BioDad's and the SpermGrandParent's income together for CS purposes but chose not to. She also gave BioDad a $1000/mo income reduction for CS calculations purposes due to my income. He is resident in the court's jurisdiction and we are not so we got bent over on that one. Not a big deal really. The $1000/mo credit only lowered his CS obligation by ~$50/mo.
It still pissed me off that he gets benefit from my income but in the relative scheme of things it was no big deal.
According to the woman I
According to the woman I talked to at IRD, that "income" is definitely not considered when CS is assessed. They could buy her a country and we could be starving and we would still have to pay.
of course she's going to
of course she's going to "choose" not to include it, it would've made her get less cs......wow
It depends on the state. In
It depends on the state. In NC, if you can prove that someone is receiving $$ regularly as gifts, then you can have it imputed (did this w/BM who gets money regularly from her parents who are rich). It is hard to prove though, since most people won't report this money to IRS, or hide it some other way. I mean, who is going to admit it. We were able to call BM's father to stand to ask about it, and though they give money all the time, could only get him to admit to paying for her Medications regularly, and it was imputed.