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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. |
Per diem is considered when filing itemized deductions . Sometimes you may be eligible for more of a deduction than what the company paid per diem . You figure the deduction for all eligible days . The form will ask if you were reimbursed for any of that expense . Subtract your per diem and claim the balance . Last year I was paid $5200 per diem but was eligible for $6100 . I had a $900 deduction I could claim .
Back in '91 my wife split and left me with 3 teenagers and a mortgage . She filed for divorce a year later . The company I drove for gave a $100 advance on each load . Any money not used for tolls , etc. was deducted from your pay but not shown as income . They worked with me . I did 2 or 3 runs a week and used less than $50 in tolls . That gave me $150 - $250 a week that did not show on my pay stubs . I didn't pay alimony .