My question involves a child custody case from the State of: CA
I am currently seeking a support modification from my ex-wife (11 months negotiating back and forth). After $120 months of paying montly child support, it was discovered that $700 of the $2370 monthly amount was for half of Montessori tuition at the time time (2006), which was spelled out in the Divorce Decree as well as the exhibit showing the Dissomaster calculations for support with the $700 add on for child care.
Both children have long since stopped needing child care for the custodial parent to be able to work and both parties have acknowledged in writing that overpayments exist for at least 84 months totalling upwards of $58,800. Initially, she was willing to "credit" the overpayments in writing but wanted to offset the amount with waived spousal support and personal expenses such as a car, laptops, gifts for coaches/teachers/carpool/laundry etc.
After increased resistance to reach agreement (you can imagine the back and forth), we also realized I'd been transferring a lump sum into her account each month of $2400 instead of $2370 for 120 months.
Long story short, last night I discovered while going through old emails that I'd actually directly paid her requests each month for several years for child care costs, summer camps, etc. in addition to the built in child support add-on.
To make matters worse, digging through receipts shows I'd also paid Montessori directly at their office for my half of the tuition for 3 years after the divorce not realizing that the monthly child care expense was already built into the monthly child support payment. I have all of the receipts showing the payments as well as the most recent receipts showing direct payment to my ex-wife for each child care cost with the invoices and what she submitted to the tax accountant for deductions. Unfortunately, I never could realize those deductions because she claims both children but I do have the emails and documentation of the direct acknowledgement from her that I paid half of the child care.
What are the chances (if any) that I can be reimbursed for these overpayments? I notified her in writing and in person as soon as each situation was discovered. I should also note that at the time of the divorce our net disposable incomes were very different and the time share was very small for me. The current share is now 45/55 (we are stipulating a new parenting plan), but her net disposable income is dramatically different as she has increased her income (salary) by 150%. There is no disparate income or housing expenses (we live 3 blocks apart). Both of us are well-compensated, the difference being I am subject to AMT since my remarriage and tax status and she is not. The new guideline numbers actually show payment from her to me now, which is something I never expected nor will I collect from her if that is the case.
Just curious whether or not there is a case for reimbursement due to actual vs. reasonable child care costs (Gigliotti and Fini cases keep showing up in my searches). My ex-wife contends that she had reasonable child care costs during most of the 120 months (our kids are now 17 3/4s and 15). What she doesn't realize is that I have always paid for half of all child care on top of the monthly support. I'm wondering if since I already paid all the child care costs directly, can I seek reimbursement for that $700 add on for child care that stopped in 2009? I had to take a loan against my 401K as well as cash out stock options to be able to make support payments to her the last two years when the AMT took effect (the tax bill was staggering) and I'd really like to replenish that retirement account.
Thanks in advance for the feedback. Not really sure how this works in this circumstance.
I am currently seeking a support modification from my ex-wife (11 months negotiating back and forth). After $120 months of paying montly child support, it was discovered that $700 of the $2370 monthly amount was for half of Montessori tuition at the time time (2006), which was spelled out in the Divorce Decree as well as the exhibit showing the Dissomaster calculations for support with the $700 add on for child care.
Both children have long since stopped needing child care for the custodial parent to be able to work and both parties have acknowledged in writing that overpayments exist for at least 84 months totalling upwards of $58,800. Initially, she was willing to "credit" the overpayments in writing but wanted to offset the amount with waived spousal support and personal expenses such as a car, laptops, gifts for coaches/teachers/carpool/laundry etc.
After increased resistance to reach agreement (you can imagine the back and forth), we also realized I'd been transferring a lump sum into her account each month of $2400 instead of $2370 for 120 months.
Long story short, last night I discovered while going through old emails that I'd actually directly paid her requests each month for several years for child care costs, summer camps, etc. in addition to the built in child support add-on.
To make matters worse, digging through receipts shows I'd also paid Montessori directly at their office for my half of the tuition for 3 years after the divorce not realizing that the monthly child care expense was already built into the monthly child support payment. I have all of the receipts showing the payments as well as the most recent receipts showing direct payment to my ex-wife for each child care cost with the invoices and what she submitted to the tax accountant for deductions. Unfortunately, I never could realize those deductions because she claims both children but I do have the emails and documentation of the direct acknowledgement from her that I paid half of the child care.
What are the chances (if any) that I can be reimbursed for these overpayments? I notified her in writing and in person as soon as each situation was discovered. I should also note that at the time of the divorce our net disposable incomes were very different and the time share was very small for me. The current share is now 45/55 (we are stipulating a new parenting plan), but her net disposable income is dramatically different as she has increased her income (salary) by 150%. There is no disparate income or housing expenses (we live 3 blocks apart). Both of us are well-compensated, the difference being I am subject to AMT since my remarriage and tax status and she is not. The new guideline numbers actually show payment from her to me now, which is something I never expected nor will I collect from her if that is the case.
Just curious whether or not there is a case for reimbursement due to actual vs. reasonable child care costs (Gigliotti and Fini cases keep showing up in my searches). My ex-wife contends that she had reasonable child care costs during most of the 120 months (our kids are now 17 3/4s and 15). What she doesn't realize is that I have always paid for half of all child care on top of the monthly support. I'm wondering if since I already paid all the child care costs directly, can I seek reimbursement for that $700 add on for child care that stopped in 2009? I had to take a loan against my 401K as well as cash out stock options to be able to make support payments to her the last two years when the AMT took effect (the tax bill was staggering) and I'd really like to replenish that retirement account.
Thanks in advance for the feedback. Not really sure how this works in this circumstance.
Modification of Support: Reimbursement of Overpayments Accidentally Paid Child Care on Top of Add on
Aucun commentaire:
Enregistrer un commentaire