javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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Sorry, but no working adult, let alone an accountant, would fail to notice that taxes weren't being deducted from their pay. That's a b.s. excuse. Either he did it deliberately because he wanted the extra cash, or he noticed his employer's screw up and kept silent because he wanted the extra cash, and he was hoping the IRS wasn't going to notice. Oops - sucks to be him.
As for the cs actual amt yes, you've been getting more than his income entitles you to, but its up to HIM to get back in court and get the order corrected. As suggested, your order may be reduced to under guidelines until the overage is paid back. Realistically, I can't see a judge telling you to come up with a lump sum to pay your ex back, when the entire issue was something he should've/could've avoided.
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Marriage doesn't come with a money-back guarantee.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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I disagree. Since the order was not, technically, followed, I do not think it would require a trip to court to fix it.
As far as not knowing that taxes were not being taken out, if one worked a job where part of it was commissions, or a constantly changing amount (ie, not a fixed amount every two weeks, for example), it would not be difficult to not realize that a portion you were getting was larger or smaller.
I am curious as to how the board would feel if she was UNDERPAID? She seems to take that as an insult, but I am safekly assuming that if it was shown that she was UNDERPAID, most on here would advocate that he who have to pay the amount to bring it up to date. So, since she is OVERPAID, she should have to pay it back, most likely by reduced payments in the future.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20056
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"As far as not knowing that taxes were not being taken out, if one worked a job where part of it was commissions, or a constantly changing amount (ie, not a fixed amount every two weeks, for example), it would not be difficult to not realize that a portion you were getting was larger or smaller."
Don't people look at their pay stubs? It should be fairly easy to see if FIT is a line item that was withheld. If $14k represents 28%... that means he didn't notice that FIT in the amount of $50k/yr or $4,166/month were not withheld... I would think that's noticeable... then again, I keep a spreadsheet and can tell you how much my paychecks are down to the penny over the next year **gigglesnort**
I am astounded by a $14k overpayment... how much was the total cs paid?? I could understand if she was not able to pay back the money in one lump sum, but I would hope with cs paid in those amounts, there would be some sort of savings for the kids, for college, a car, something that she could dip into and pay a good portion back and take lower monthly payments until the overpayment is paid off.
To highwood... yeah, I get that he made a mistake... but you owe the $14k one way or the other.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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Having been an NCP, I guess itjust bugs me that it ALWAYS seems to fall on the NCP. Like she didn't notice that there was an extra $1,200 a MONTH coming in.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20056
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"Like she didn't notice that there was an extra $1,200 a MONTH coming in."
How would she with cs being set at 28% of his income unless he gave her his pay stub with the cs check. Cs as a % of net income is just weird.
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SRS
Pooh-Bah
Reged: 11/05/10
Posts: 2161
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HOw come it took him that long to figure it out? I'd notice if they forgot to take out taxes or if someone took an additional $600 out of each paycheck.
I wonder if his story is true?
I'd see an attorney before I handed over $14K.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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"I'd see an attorney before I handed over $14K."
Before I paid an attorney, I would look at the evidence he had to present as to the failure to take out taxes, etc.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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[quote]MSA says 28% of net income [/quote]
If I were you, I would get a set amount. The way it is worded gives him too much room to manipulate his withholdings to lower the child support, such as max it out and get a huge refund at the end of the year.
You also don't have to deal with this nonsense with a set amount (the set amount would be based on his gross income less taxes as per the IRS withholding tables for how many exemptions he claims, this way he can't max out his withholding for the calculations)to be taken out each paycheck. He may or may not get the money back. It all depends on how the court views his stupidity.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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[quote]I disagree. Since the order was not, technically, followed, I do not think it would require a trip to court to fix it. [/quote]
I disagree, it WAS followed, she did get 28% of his 'net income'. That he didn't have the correct taxes withheld is irrelevant. I'm surprised the 'net income' is used in their order, because then wouldn't there have to be some explanation as to what 'net' actually consists of? I mean, my husband's 'net' is after insurance, 401k, savings and taxes are all deducted, however not all of those deductions are allowable for CS calculations, KWIM. Those that are allowable that weren't taken just don't get considered. The fact that he now has to pay that back.....just sucks to be him. It's unfortunate, but it WAS his net pay, correct net or not is irrelevant.
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Eternity is too long to be wrong.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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What is interesting is that NO ONE has answered the question of if it was UNDERPAID, should he have to pay her BACK CS. The answer, OF COURSE, is YES. Because we hold NCP's to an unrealistic standard. "Underpaid? You OWE! Overpaid? Too bad, so sad, you're out the money."
Name ONE other "accounting" standard that works like that?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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