Unbelievable. I would love to hear a CPA explanation. Accepting tithing as viable certainly would redefine the meaning of "living expense". Your ex must know something to try it! I've had my share of crazy divorce on steroid happen, but not this particular one!

I tell you what, he's essentially confessed to expect an overall average annual earning income of $130K to afford 10% at that rate. There's your evidence in writing regarding his affordability. That could be your blessing in disguise. Stay on his tail. Good luck. I hope in the end, you'll be the one laughing while going to the bank.

Wow that's one I've never heard before. I would sort of love to see that, and then have the court nail him for not tithing the right amount each and every year.

I'm lost on what you mean. What's to negotiate? You tithe on your income. It would be his "expense" if he wants to call it that. It has nothing to do with you.

That's what I'm asking…is it negotiable? It may not be.

It may be different in your state. But where I come from, we divided debt and assets. My expenses and his expenses do not impact the settlement. I drove a car we purchased in 2005 and were still making payments on. The value was included in the assets. I wanted the car so I paid it off after I got my settlement. I could have continued with payments, but to do so I would have had to refinance to get him off the title. Do you think the expenses come into play when it comes to alimony? We don't have alimony here so, I can't help you. Sorry

I did find this

From Divorce360.com: Alimony comes in many different forms, and it is based upon the income of the parties, the length of the marriage and lifestyle. It can usually be adjusted for special needs such as a disability. The goal, after a long-term marriage, is to allow each party to leave on an equal footing. Often what is considered equal does not seem so to the parties

I would think his expenses would determine how much alimony he could afford.

I would think tithing is something done voluntarily unless you're Mormon. Do you know what his income is? Tithing is not like a house or car payment. Does his company furnish him a car? What other perks do they provide? You have an interest free credit card. His company furnished him an atty. That frees up a lot of income that could go to you.

Exactly my point. We're playing a game and not all the cards are on the table.

He's Catholic. Not sure if tithing is a requirement or not. Guess I could look that up unless there are some Catholics on here who could verify. Knowing him, he would primarily donate money to the church for the tax advantage and in this case, to keep the money away from me. His company is providing free legal representation up to a point, maybe litigation, not sure about that.

Oh yeah, he makes $138,000/yr.

I am a tither, so I know a little bit about tithing. I'm with Trisha, I would think the law would consider it voluntary. My church encourages it, but it is not forced. She has some good ideas on letting your lawyer know he has benefits through work which offset some expenses.

I'm wondering if tithing can be written off income taxes like charitable contributions.

From what you have written (and asking if it's "negotiable") I'm understanding that you want him to negotiate DOWNWARD his expenses and UP the amount (or justify the amount) of support you are asking for.

The X was Catholic and trust me, he wiggled all over the place when producing HIS financial statement for settlement purposes. I don't recall seeing "tithing" or "charitable contributions" anywhere on the form. It's my understanding that you only pledge/tithe what you can afford. If he HAS BEEN tithing 10% of his income, he's going to have to adjust that amount downward when he has to pay YOU spousal support. That's just the way the cookie crumbles.

And Trisha makes a good point -- if he is being provided an attorney for this divorce gratis, that's all the more reason for you to ask that he reimburse you at least half of what your attorney fees will be.

I was typing my reply and posted before seeing your reply #8, I am dating a Catholic and he tithes occasionally. Before he dated me he rarely tithed and it was change in his pocket. That's a whole sermon right there I won't get into. Just wanted to give you some info.

Yes, you are partly correct. The antagonist goal is to make their AVAILABLE pot amount as small as possible. And that comes from manipulations of either too little earnings or too much expenses.

No, you don't negotiate expenses. But you do argue whether claimed expenses are viable, reasonable, fictitious, and etc.

You want to prove your stbx will have available on hand X amount of money after deducting his so-called expenses to pay alimony. You can argue this particular expense is fictitious and, therefore the amount not be used as his living expense.

The IRS allows a certain amount as charitable contributions anything over a certain amount you need a receipt that shows what you paid. The only religion that I know of that requires you to donate 10% of your income is the Mormons and you have to give them a copy of your tax return at the end of the year.

Misred is correct about work benefits. Cell phones services, auto gasoline, and use of company credit cards for personal use: clothes, dining , entertaining , and travel are examples. Proof is in his company's past history payment might result as an offset.