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ScrewThisBytch
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Reged: 12/17/08
Posts: 1
Is spouse entitled to any of my per diem?
      #485909 - 12/17/08 11:24 AM

Hello. 1st post here, I must say Hi :)

I do have a question. I work out of state, but my residence/wife is in the dfw metroplex, my pay breaks down like this:

$720 per diem(non taxed) and $7.50/Hr($225 take home)

With no overtime, I take home $945 roughly. I guess thats not to bad.

But I'm curious, when I do my taxes, uncle sam only cares about the $7.50/Hr I make. Hell to him it looks like I only make $15,600 not $65,520.

I would like to know, can my spouse take any of my per diem?

I can't see how since this is for living expenses/food/etc.

Thanks :confused:


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katiebear22
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Reged: 06/29/07
Posts: 66
Re: Is spouse entitled to any of my per diem? [Re: ScrewThisBytch]
      #487405 - 12/21/08 03:21 PM

I'm not 100% sure on how that works exactly... I guess it would depend on whether that is "income" or expenses paid by your company. I mean, the amount they pay per day... is that a check they cut and you deposit? Or is it a company credit card you use to charge your business expenses?

Why isn't that amount taxed as well?

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South_Austin
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Reged: 02/03/09
Posts: 2
Re: Is spouse entitled to any of my per diem? [Re: ScrewThisBytch]
      #499961 - 02/04/09 12:18 AM

There answer is maybe. The formulas used for calculating child support wouldn't automatically require use of your per diem but the formulas used are just guidelines, not hard and fast rules. The Family Code says that judges can deviate from the guidelines if they feel that it is in the best interest of the children. Besides that general catch all, there is also specific mention of employer benefits as a reason for deviating from the guidelines. The actual quote is [i] ...whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity[/i]. So it can be considered - you should be at the very least be ready to show how much of that per diem is actually spent on travel expenses so that it not considered. Be careful not to suddenly increase those expenses though - judges do not like anything that remotely resembles an attempt to conceal income and usually people that try that end up paying even more than they would have if they had come clean from the get go.

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