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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My employer has paid me 22k over 2014 towards expense

Customer Question

My employer has paid me 22k over 2014 towards expense reimbursements. I have a support trial for my son's child support and my ex's attorney thinks its additional income but its not. what kind of support documentation can i provide to support my case.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest the best evidence is going to be copies of the expense receipts you have turned into the employer for reimbursement and a letter from the employer stating the payments were made in regard to those receipted expenses.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
what if I don't have any receipts at this time. Will that be counted against me ?
Expert:  Samuel II replied 1 year ago.

If you need time to gather them, you can request the court's indulgence and ask for a continuance in that regard. If you never presented any receipts to the employer, then it would be good to have the employer write a letter explaining the policy on these reimbursements.

Expert:  Samuel II replied 1 year ago.

And verifying that he did indeed only pay in reimbursement for your expenses as per the company policy. If you cannot produce such information, then I would suggest it would be counted as income.

Customer: replied 1 year ago.
I am preparing the receipts for the trial. Now if the employer gives the letter will it be used against the empoyer in any kind. I am not sure how my employer is reporting the expenses.
Expert:  Samuel II replied 1 year ago.

I cannot think of any way it would be used against the employer. As reimbursement, the employer is able to claim those expenses on their corporate tax returns and so I see no problems.

Customer: replied 1 year ago.
what are the repurcusions if they don't believe me that it is an expense and they think it is income. Can they take me to IRS ETC ETC?
Expert:  Samuel II replied 1 year ago.

No. They are not interested in the IRS. The concern is they only want to be sure you are not hiding assets to avoid child support. I mean anyone can make a report to the IRS about someone they believe is cheating and that can create an audit. But I suggest unless there is vengeance from the other party that would not happen. But you know them better than I