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My bf and his ex are having a rough time coming to an agreement on modification of CS. He is self-employed, and he pays tax on his insurance premium (which is paid by a company he contracts to). BF's attorney says that the premium should also be added to his income for CS calculation. Who is the atty advocating for? She does not think his ex's employer-paid insurance comes into play at all.

Is there case law in Oregon where self-employed people are treated differently than W2 employees?

I wish that he had hired L.D. Gorin, who really knows his stuff. This woman cannot or will not explain how she came to this conclusion. I advised him to tell her he will not agree to the insurance being added to the formula. Sbe is frittering away his retainer looking things up that he knew to be true. What a quack!

I'm just guessing, but if he is taxed on it by the IRS, it's considered income.

[quote]I'm just guessing, but if he is taxed on it by the IRS, it's considered income. [/quote]
See, that doesn't make any sense to me. He worked for the same company on a W-2 for several years, and it only became an issue with his new attorney, who he has had to point out several issues to (with the meter running, of course).

The US Tax code is pretty confusing. Like Beav stated, if the client pays that premium as part of the fees paid to your bf (since he is a contractor) it more than likely is considered income. My ex does a lot of side work for clients he had for years and they provide services in exchange for a lot of the work he does. I could have really pushed and made sure that was considered income, but honestly I wasn't worth the expense for me as it would have required subpoenas and other nonsense just to get the proof.

Fire your attorney yesterday. She is working for the other party, at your expense.

He is not going to replenish the retainer, that's for sure. He thinks they are close to an agreement with his ex. He's just waiting to hear from the atty.