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NickyP211

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  1. I filed for a Child Support Modification this past April 1. The other party was served paperwork on April 22. Our Hearing was June 8 and a Decision was made on June 12th and my payment has been lowered. During this time, I was paying the higher amount through the state's automatic income assignment. My question is regarding overpayments. It is my understanding that the new amount would go into effect retroactive to the date of service which was April 22nd. Does anyone know which date would be correct for determining what my overpayments are?
  2. I am currently paying Child Support based on my Income and a monthly car allowance. My car allowance allows me to purchase, insure (my company is listed an additional insured), and maintain my vehicle. It is reported on my yearly W2"s as income. My tax returns show that my car is used 90% for business. I cited a NH case, Albert vs. McRae (No. 2006-139) that claimed W2 income reported was "passive income" as the monies were used to pay down a mortgage on rental property and should not be considered as income for the purposes of Child Support. The Court Hearing Officer didn't even acknowledge my citing or write an explanation in her decision. The decision simply stated "Your auto allowance will be will be used for the purposes of calculating Child Support." Is there a better way to argue that it should not be considered as income as most of my allowance of $550.00 goes directly back into my auto expenses.
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