BrunoPuntzJones
Lifer
- Feb 24, 2001
- 14,513
- 4
- 81
I'm bothered in that he isn't paying CS on his wages. What he would have been making, gets in a settlement, etc. should be irrelevant. It should be based on his actual earnings.
I don't find the $21k unfair, just think it isn't correct.
- Mar 20, 2000
- 102,393
- 8,552
- 126
assuming you mean income tax, it depends. to the extent that it is compensation for having your rights taken away from you, no, i would say not (as it isn't income, it's conversion of 1 asset, your freedom, into another asset).
at least, that's what i'd tell the IRS.
Sue for millions, then pay that biatch off, with interest. That way she'll never bother him again.
Don Vito Corleone
Elite
- Feb 10, 2000
- 30,029
- 67
- 91
I would think so. Ordinarily court awards or settlements are taxable as income (just as obviously the $20K/year would have been taxable had he earned it in a job). They may have given him the option of taking it as an annuity to reduce the rate it's taxed at - I dunno.
BrunoPuntzJones
Lifer
- Feb 24, 2001
- 14,513
- 4
- 81
Civil Rights Violation Act payments are taxable. Not sure if that's what this would be under. Punitive damages are taxable as well. Not sure what the payment is considered; out of curiosity, I'm looking around right now.
silverpig
Lifer
- Jul 29, 2001
- 27,703
- 12
- 81
Dude. Seriously.
You have no sympathy for a woman who, upon getting pregnant has her boyfriend locked up for the rape of a 12 year old girl? A rape he didn't even commit? She then raised a son for 18 years by herself with a convicted rapist as the boy's father.
I certainly do have sympathy for her.
I don't think she should get any of his money though.
Ideally I think we can all agree that the state should be giving this guy more like $1.8 million, and also give the mom say $90k (18 * 10k / 2 per year).
What's driving me nuts about this statement is the fact that the state had him wrongfully incarcerated. How was he supposed to uphold his legal obligation to pay child support? The state should have garnished any wages he earned while in prison. I do agree that the mother should see some back child support, but the state should tack that on to his settlement seeing as they screwed up and all.
Except it is not his fault. He was WRONGFULLY CONVICTED. He shouldnt be raped twice. Once by the state and once by his childs mother.
Don Vito Corleone
Elite
- Feb 10, 2000
- 30,029
- 67
- 91
And he has been compensated for that, to the extent the law allows it. The mother and son also deserve reasonable compensation. He isn't being "raped" by being asked to pay reasonable child support.
$20k a year, except its a lump sum of $360,000 which means he'll get about $200,000 after taxes.
No way in hell should she even get half, she should only get whatever precentage based off $20k a year if that. She should get no more than $10k. She shouldnt even get any.
Im sorry but this poor man was raped by the justice system, and is going to get raped by the family court system. He'll probably see less than $180k for losing 18 years of his life, and that is just plain sickening. Frankly you are sickening and a cold hearted bastard.
The key question is what is reasonable?
Are we going to go back to what child support would have been 18 years ago?
I think we should. Not only that, it should be based off $20k a year not his lump sum.
Which means reasonable would be $10k.
Deeko
Lifer
- Jun 16, 2000
- 30,213
- 12
- 81
But like I said earlier...the child was supported. As much as its not her fault she had to go through a tougher time raising the kid with him in jail..its not HIS fault, either. The child is 18, living with him, she clearly just wants money for HEr, not to support the child. This is why people don't agree with her getting the money.
I do like what someone above posted though - give her that 20k, but add it on to his settlement, so he still gets the full 360k he's entitled to, but she gets some back-support as well. That money should come from the state, because it is the state's fault for both of their problems.
He spent 18 years in jail. The kid is grown up by now. She doesn't want support for her child. She wants the money for herself. The guy just spent 18 years wrongfully in jail and is walking out with a lump sum of money which is nothing in my opinion for what he had to go through. Now that this woman knows about his money, she wants it.
I understand that the kid wasn't free or at a reduced rate just because he was in jail, but give the poor guy a break. The line needs to be drawn somewhere. There should always be exceptions to every rule, law, and obligation. I think this case qualifies.
OutHouse
Lifer
- Jun 5, 2000
- 36,410
- 616
- 126
[/quote]K, so take the case of someone who is homeless and broke.
He has a kid. The mother never bothers to try to get child support, because she knows he's broke.
The kid turns 18, and he wins the lottery. Is he, therefore, liable for back child support at the ($winnings/18) salary level? That could get very expensive indeed if he wins big!
Or another case, where someone is making minimum wage until the child turns 18, then gets a huge promotion, raise, and bonus. Does that new wage extend retroactively over the past 18 years? Of course not.[/quote]
that is a whole lot different than being thrown in prison for 18 years for a crime he didn't do. it was not within his means to make any money while in prison, whereas as a homeless person is at lease free to be able to get a job.
He has a kid. The mother never bothers to try to get child support, because she knows he's broke.
The kid turns 18, and he wins the lottery. Is he, therefore, liable for back child support at the ($winnings/18) salary level? That could get very expensive indeed if he wins big!
Or another case, where someone is making minimum wage until the child turns 18, then gets a huge promotion, raise, and bonus. Does that new wage extend retroactively over the past 18 years? Of course not.[/quote]
that is a whole lot different than being thrown in prison for 18 years for a crime he didn't do. it was not within his means to make any money while in prison, whereas as a homeless person is at lease free to be able to get a job.
I know a mother that just finalized some child support. Even if the guy has to pay, I doubt that he will be obligated to pay an amount based on his lump sum. If he does, then it will be based on a 20,000 per year salary which will qualify for the lowest possible amount to pay. It will boil down to whether or not he has to pay the minimum or nothing
BrunoPuntzJones
Lifer
- Feb 24, 2001
- 14,513
- 4
- 81
But that's the thing, the $20k is NOT salary. If you boss gives you a $10,000 bonus for every year you've been at the job, and you've been there 10 years, you have income of $100,000 that year. You don't go back and amend tax returns for the past 10 years and increase them each $10,000.
ViviTheMage
Lifer
for being wrongly put into prison, I would want at least 100,000$ PER YEAR for being put in wrongly..............
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