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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36995
Experience:  I provide family and divorce law advice to my clients in my firm.
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H owes retroactive support and medical reimbursement for 2012.

Resolved Question:

H owes retroactive support and medical reimbursement for 2012. Attorney A has calculated the amount based on the parties' 2012 earnings (that is, their respective % incomes). W has not yet filed her 2012 taxes (under extension) but will owe taxes because she paid estimated taxes based only on spousal support but after her accountant had calculated the ETs, she for SSD benefits for the rest of the year. Does this mean that W's 2012 income would technically be lower than the %s being used right now where her 2012 income hasn't backed out taxes she'll have to pay for 2012 on the support and SSD income she received? If yes - would there be a way to handle that so W doesn't lose out?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

For the purposes of calculating support GROSS incomes are utilized and therefore any taxes that would be taken out of the income and/or that are owed at the end of the year are irrelevant. If the Attorney is calculating the income based off of the H's 2012 GROSS Income Tax Return and based off of W's income based on her estimated income from the Support then the factoring in of SSD income would actually INCREASE her Gross Income.

AttyCBradford :

If I have answered all of your questions please press accept and provide positive feedback so I will get credit for assisting you. PLEASE NOTE: this is a PAID answering service and we only receive credit for assisting you if you accept the answer. If you are not satisfied and need additional assistance, please ask before providing negative feedback and I would be glad to assist you further. Sometimes I am working with more than one customer at a time so please allow a chance to respond. Thank you and I wish you the best in your situation! I strongly suggest that you consult with a local attorney in your area on this matter. This information is provided for general informational purposes only and does not constitute legal advice nor has an attorney-client relationship been formed.


 

Customer:

In Pa, spousal support uses net income of the parties. The general formula is that the higher earning spouse pays 40% of the difference in the parties' monthly net income. So, I'm not following your answer. Thanks.

AttyCBradford :

I will opt out so a PA attorney can answer

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. I am a licensed Pennsylvania professional. Do you still require assistance at this time?
Customer: replied 1 year ago.


Yes. Thank you.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Under PA regulations any spousal support that is received becomes wages and income that the receiver of the funds has to disclose But that generally is calculated at the time the funds are received, not at the time those funds are scheduled to be received. In other words if the funds are owed for 2012 but are received in 2013, they are likewise claimed and taxed in 2013. It is now too late to modify 2012 returns because those funds were not obtained in 2012.

Good luck.

Customer: replied 1 year ago.


I think I need to clarify the question. The attorneys are calculating the parties' net incomes for 2012 to establish the %, consistent with income, that should be used for calculating retroactive support. For example, before I lost my job, the figures used were 65%-35%. I have an extension on 2012 taxes - they haven't been paid yet. What I'm trying to ask but I might not be making any sense is this: when H's 2012 net income is determined, the amount he pays in taxes is taken out of gross to get to his net. I wondered if a similar thing should be done with mine? If so, I'd have my accountant run the numbers quickly for what I'd owe in taxes so it could be deducted from my gross. If that doesn't make sense, don't worry about trying to figure it out. Also, I just tried to send you another question. Am I correct that I just need to put your name at the beginning of the question?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. Let me go line by line here so I do not miss anything.

The attorneys are calculating the parties' net incomes for 2012 to establish the %, consistent with income, that should be used for calculating retroactive support. For example, before I lost my job, the figures used were 65%-35%. I have an extension on 2012 taxes - they haven't been paid yet. What I'm trying to ask but I might not be making any sense is this: when H's 2012 net income is determined, the amount he pays in taxes is taken out of gross to get to his net. I wondered if a similar thing should be done with mine? If so, I'd have my accountant run the numbers quickly for what I'd owe in taxes so it could be deducted from my gross. If that doesn't make sense, don't worry about trying to figure it out.
I honestly am not sure I understand. The calculation is based on the party who is obligated to make payments and not the receiver. I am unclear as to why you wish to recalculate the income for yourself.

Also, I just tried to send you another question. Am I correct that I just need to put your name at the beginning of the question?
That is correct, if you wish to speak with me directly, simply start your questions "For Dimitry..." and I will be notified that you are seeking me out.

Good luck!

Customer: replied 1 year ago.


I must be missing something?? So, for example, my income in 2012 is $X consisting entirely of SSD benefits. No taxes were taken. H's net income is $A. My income, with no SSD taxes taken out is $B. So H "get to have" a lower income number in terms of what he has to pay me in support. Conversely, I think I have a higher number than I should which would mean H would have to pay me less. If my actual net income was used (that is, SSD minus taxes), my income would be lower. So the reason I think I'd want to recalculate is that by lowering my income to take tax into account, there's a wider % spread between H and me.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Now I understand your point. However that isn't how support is calculated, it is based on gross receipts, not net. If you earn $15,000 a year, for example, but your net amount is $13,000, the first number is XXXXX is used to calculate obligation, not the second.

Good luck.

Customer: replied 1 year ago.


All calculations in this case have always been done based on net?? I think there's a part of the PA Code that specifically says for support guidelines that the higher wage earner has to pay 40% of the difference in the parties' net incomes??

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

You are correct, here is the PA Code that governs it, and it does require both parties to provide net income as a means of calculating the proper support. I do apologize, this is something I always treated as gross myself. Your accountant can modify the amount and figure out the calculations directly on the net basis. Here is the law below:

http://www.pacode.com/secure/data/231/chapter1910/s1910.16-4.html

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36995
Experience: I provide family and divorce law advice to my clients in my firm.
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