Originally Posted by PeterbiltCouple

After reading a lot of posts on here concerning per diem, I did some research on it to make sure we did things right. As mentioned in other posts, you have to weigh the pros/cons of that. But it works for us at times.

If you are spending the night out of town (or so many miles away from home) you can take per diem. My husband came up from FL to another state to work, so he can legally take per diem for the entire time (I think up to 8 months unless he permanently changes his address).
We decided to stay here. But even if he does change addresses he still spends some nights out of town, so he can be paid per diem for those times. It's all legal and the per diem still could not be considered when paying taxes or C.S. Although the company does have to show it to the IRS, but it's recorded separately.

Another bit of info: My husband's X's CS attorney asked for an accounting of MY income once. I'd heard that lawyers try to get that info and a lot of times do get it because people don't know the laws and think they have to provide it. Since the laws of that state say a new spouse's income may not be considered in CS, I knew he had no right knowing what my income was, so it wasn't provided.

To those who think ill of ones getting creative with income because of C.S. issues...
When you've gone hungry at times while on the road because your wife wouldn't forward you $ (saying she was broke at home, yet spending it on drugs & her family members), you've supported your family because you cared about them, you did everything "right" after divorcing (even when she lied to get on C.S., which caused you to get behind right from the beginning on something you didn't even owe on), paid C.S. even until after the "child' was grown and working (plus helped with extras, while you were constantly broke), and she wants to deliberately keep you in the poorhouse because she's not only greedy but angry for losing control of the funds & wants to punish you for leaving (even though she got the house, property, and all the trucks and you were left with nothing but the shirt on your back because she burned the rest of your work clothes); It's no wonder you end up feeling like you have to get creative with your income! I really feel for people in those situations, and am glad that there are some ways to work it out in your favor.

Originally Posted by danc694u

I never quit paying mine, nor did I ever short it. But there was no order of civility in our divorce decree. And the Judge sided with me in my "contest" of her demands.

At least "I" still get invited to have dinner with "her" parents from time to time And I'm the one who always takes the kids to see them...or at least I used to. I still have dinner with them though, they've been good friends/family.

All is well that ends well in the end. Even if you still can't speak to the ex.

Originally Posted by Baack

Sure that will work, till she takes you back to court for an adjustment
Then you will have to show the years income and it will show up

Originally Posted by PeterbiltCouple

I was advised that Per diem does not get put on the W-2 or 1099's.

Originally Posted by PeterbiltCouple

I do all the paperwork and billing for the company (which I actually own), but I have never paid myself for any work. I believe that the company can pay me for work provided, and it wouldn't show up as income for my husband, which in this state CSS cannot touch.

Originally Posted by m1007

I do not know anything about the trucking industry but I am desperately trying to find more information. I believe I am in an opposite situation from PeterbiltCouple, where she created a corporation where she is showing as the owner, therefore able to show little to no income for her husband. Since child support is unable to touch her income and it would not show income for him, his helps with the child support. My situation involves my ex-wife, who created a trucking corporation with her boyfriend, who also shows as the owner/CEO of the corporation. I was able to find their articles of incorporation, which lists her as the secretary & CFO of the corporation. When child support was originally set, her income (she is the custodial parent) was set at minimum wage. She said she owned her own company, which was a trucking company, which we later found out was a DBA name for this existing corporation she had made with her boyfriend. She now removed the DBA company name from the MCP listing and it now lists the corporation's name. I am afraid that she is going to claim that she is unemployed, in order to raise child support. I know she is running the corporation, but is there any way to prove it? Since her boyfriend is "technically" the owner, I doubt he's going to hand over anything showing she is employed. I already pay close to 1200/month for child support and as soon as alimony stopped, she served me with papers. If she shows income of "0", I don't know If I can afford to pay more than I already do! PeterbiltCouple, since you are in a similar situation or arrangement as my ex-wife, would you have any helpful information/advice to give me? What documents I could search for, documents I could request/subpoena, ways to prove she is receiving income, or voluntarily underemployed? Or am I just out of luck if she says she unemployed and not apart of the corporation? Any advice, anyone has, would be appreciated.

Originally Posted by Roadmedic

Contact your attorney. You might also consider the state attorney general. If she is working and filing unemployment claims, it constitutes fraud.