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I receive a per diem traveling expense to be used for foor and lodging on the road. My wife seems to think that a judge will include my per diem as my gross salary. I know I read it before that per diem cant be included but cant remember where I read it.

2006-11-01 13:47:07 · 5 answers · asked by Mike S 1 in Family & Relationships Marriage & Divorce

5 answers

No. Per Diem is not part of your salary. Any bonus, overtime and things of that nature are part of your gross salary and will be taken into consideration when calculating child support.

Per Diem is given to you as a form of reimbursement for cost incurred, meaning that the assumption is made that you spent the amount that they are giving you.

2006-11-01 13:48:59 · answer #1 · answered by Royalhinney 7 · 0 0

Normally no, but (In California for me!!) some judges don't seem to care. I had my income (and spousal support, also called alimony) adjusted up by over $15,000 because of the per diem i got the year before the divorce. The judge refused to let my lawyer change to my actual income and in less than 5 years, my savings were gone and i was bankrupt, because my spousal and child supports totalled more than my actual income! Get a GOOD lawyer and have them do what needs to be done to represent your actual income to the court. Remember that a wife tends to think of how to have revenge against you in a divorce. Not what is fair.

2006-11-01 14:16:37 · answer #2 · answered by dallenmarket 7 · 0 0

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2016-12-28 09:59:26 · answer #3 · answered by ? 3 · 0 0

the question is not whether its part of salary, but wether its included in income. travelling expenses reimbursed are excluded from income if done at the convenience of your employer and the trips are substnatially business related.

2006-11-01 13:52:24 · answer #4 · answered by w0t_b0t 1 · 0 0

I hope she she'd get it all from you. I know what kind of what you do. Mine is getting paid by that also, I know how she can get it. Mine is a tax preparer and flight crew. hehe.

2006-11-01 16:54:29 · answer #5 · answered by KaPaul L 3 · 0 0

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