A friend of mine is about to go to his first child support court date to determine how much he will be paying etc. He recently told me that he has not paid taxes in years as he is an independent contractor and responsible for doing his own taxes or seeing an accountant, He recently went to an accountant who set him up to pay his back taxes based on an average of $30,000.00 per year for the last 3 years, not including thecoming up 2006 year.
To make it short, between back taxes and child support and his own life expenses.
Its my opinion, that he is head for jail.....he cannot afford all these payments....at once...?
2006-11-09 10:31:07 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He lives in Arizona, and guess what, I don't think he will try to pay his taxes....he went to
the accountant basicallly so he could get some 1040's to have something to show that he has made money...otherwise he would have went to court without any form of proof of income.... I don;t think he plason on pay his back taxes.....he'll just continue not paying for years to come...
2006-11-09 10:43:00 · update #1
The family court judge will do the following... if he's any good.
Taking into account that the judges first and foremost objective is the care and well being of the child(ren). Therefore, what has happened in the past does not play into what is to happen going forward. The past doesn't pay for nor should it take away from the child that needs support. So...
The judge should ignore the tax problem and the guy shouldn't bring it up as a debt he has to pay.
The judge will base his decision based on the Non-Costodial parents wages and/or potential wages. Thus based on the number of kids there will be a set max percentage that can be asseted. If the custodial parents ability to fully support the child financially, then the judge will most like award the maximum amount.
During this process, the non-custodial parent has the right lay out the income and expenses they have and ask the Custondial Parent to do the same in an attempt to lower the amount of Child support to a level the JUDGE can deem as fair to the CHILD.
In my case, the after the judge looked at all the debts I got and the cost of my house note and the amount of money and number of kids (3), he looked at me.. assested the support amount and then said, "But I really don't know how you are going to make that amount and keep your home."
So.. it's about the kids. Period. Not that it's wrong, it's just the way it is. The fact your friend hasn't paid Taxes in years is not a factor the judge will probaly consider nor does he want to hear about it as he would prefer the man be out of jail and working to support the child.. then in jail and the state support them.
Hope this helps!
Oh... he better have an attorney and he better tell them everything!
2006-11-09 10:42:24 · answer #1 · answered by wrkey 5 · 0⤊ 0⤋
You are a good friend to attempt finding an answer for him.
I don't think the child support people care. He can give them all his paperwork from the accountant. The accountant has all this on paper, including income and that's what the court wants. The accountant had to sign papers saying he is the person that figured out the numbers. The court just wants the percentage paid that goes to the child (ren).
Of course, it depends on how long it has been since he paid child support too. If it has been years and he has a tremendous balance, he could go to jail. If it is a fresh divorce, if he pays, they won't do anything.
Don't feel sorry for him. He is an adult isn't he? And not a very responsible one at that. He knows all of us have to pay taxes. He knows if he has children, he has to pay child support.
I hope you don't loan him money or co-sign for a loan. You will never see the money again. Let him fend for himself. His wife isn't there either. Maybe if he spends some time in jail, he will have time to think about what he has done and the trouble he has caused a lot of other people.
2006-11-09 10:44:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Oh for crying out loud, I don't understand why your friend needs an attorney or consideration of life expenses.
Why should his income be protected because his child does not reside with him? Every parent has "life expenses". Every parent has to make sacrifices to support a child. Your friend needs to think of the child first, then his own needs. (the pronoun "her" would be used too, if acliable.)
Kids arms and legs and feet grow despite any court ordered payment schedule.
Raising children is a constant drain on cash at hand. Being a parent does not jive with any financial plan. Your friend has got to deal with that reality.
2006-11-09 11:32:04 · answer #3 · answered by navymom 5 · 0⤊ 0⤋
Yeah it does sound like a disaster. The court will make him pay a percentage of his gross monthly income for child support. He may end having to do side jobs, to make ends meet until the back taxes is paid off.
2006-11-09 10:34:22 · answer #4 · answered by magnolia_76 6 · 0⤊ 0⤋
Sounds like he's a slave. Has he tried one of those companies that handle your back taxes and settle with the govt for a fraction of what is actually owed. There is nothing he can do about the child support other than bring all of his financial statements to court with him and a good attorney.
2006-11-09 10:40:01 · answer #5 · answered by kyle g 4 · 0⤊ 0⤋
This man CPA needs to help him find ways to scrape out some deductions and tax write offs. He needs an attorney for the rest. Actually, a good tax attorney would be invaluable.
2006-11-09 10:55:54 · answer #6 · answered by mickeyg1958 4 · 0⤊ 0⤋
Yep, if he doesn't take additional jobs or whatever he needs to do to pay everything off it's not good. I mean you can't just not pay child support baby momma will have his a$s in locked up. Same with the back taxes!
2006-11-09 10:36:41 · answer #7 · answered by Hot Mom 4 · 0⤊ 0⤋
thats what it sounds like to me to but depending on the state will determine how they deal with him he may never get tax return money until he has paid back is taxes and the kids will be taken out of his check and if he doesnt cooperate with child support they will take away his liscense then if he still doesnt then he will go to jail but thats how it works in California
2006-11-09 10:40:31 · answer #8 · answered by Jaime T 3 · 0⤊ 0⤋
"he has not paid taxes in years"
Can you say "tax evasion"?
Sure, he might skate going to Federal prison (NOT jail) if he makes an attempt to pay back taxes (which, btw, will come before having to pay anything else in the eyes of the law), but between that, paying child support, and buying food, he's gonna have one helluva time.
2006-11-09 10:41:13 · answer #9 · answered by Anonymous · 1⤊ 0⤋
It's based on how much he makes vs how much she makes. If he isn't making anything or making less than her, he doesn't have to pay. He might get the judge to throw the kid into foster care and then he wouldn't have to pay child support.
2006-11-09 10:39:04 · answer #10 · answered by gregory_dittman 7 · 0⤊ 0⤋