non taxble income

[coolval]

If my husband is employed by a company that gives him travel stipen thats non taxable, and is paid an hourly wage which is taxable. Can his ex-wife recieve child support on this non taxable income. This non taxable income does not appear on the w-2 yet shows up on his weekly paycheck. Please advise...

 

[seniorjudge]

I know this is a typical "lawyer" answer, but ... it depends.

If the travel stipend is (for example) $1K per week but he only spends $.5K per week, then calling it non-taxable income will not fool the court.

In other words, there are just too many variables to give you a pat answer.

 

[patb]

I know this is a typical "lawyer" answer, but ... it depends.

If the travel stipend is (for example) $1K per week but he only spends $.5K per week, then calling it non-taxable income will not fool the court.

In other words, there are just too many variables to give you a pat answer.

How would one judge a travel stipend to be non-accountable versus accountable for tax purposes?

if a stipend is provably less then the expected costs should it be
considered as income or a reimbursement to expenses?

Can anyone cite tax law or tax courts for this?

essentially i had a travel stipend of $500/month and was incurring
high costs being assigned TDY to NYC for 10 months a year,
should my 5000 travel stipend be offset against my hotel costs
for the year, of 10,000? or added to AGI and then hit iwth a
deduction from EBE?