what is considered income when calculating child support?

[formybabies]

my husband is currently unemployed (receiving unemployment) and a former military receiving retirement pay and also currently in school receiving a monthly income from the GI Bill. Are all of these considered income and used in the calculations for child support payments? I have asked two attorneys and they were unsure of the answer and said that they had to research but I haven't heard back yet. I would like to get temporary child support because he has already moved out but has not given me any money or paid any utilities or house payments in months. Thanks for your help.

[Attorney Howard Iken]

Yes, all of these sources are income. There are some exceptions on various income sources - whether they are subject to direct garnishment. But the calculation of child support casts a wide net on differenct types of income.

Here is an excerpt from the statute for child support:

(2) Income shall be determined on a monthly basis for each parent as follows:

(a) Gross income shall include, but is not limited to, the following:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers' compensation benefits and settlements.

6. Unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

14. Gains derived from dealings in property, unless the gain is nonrecurring.




Attorney Howard Iken


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