Agreeing to not consider certain income for child support


#1

We are separated but have no agreement yet. My husband gets considerable “passive” income from corporate stock, income that will be realized when and if he sell the stock, and he wants me to agree to NOT figure this into the child support worksheet. This income is considerable and grows each year. If I agree to to do this now, am I prohibited from asking that this be in the calculation, if later there is a motion to modify child support? Is this wise at all? If I don’t he is threatening to take me to court and says the court will impute income to me and I’ll get less anyway, even though I am dependent spouse. Thank you.


#2

Keep in mind that the court will only impute income to you if the judge finds that you are intentionally unemployed (or underemployed) specifically so you can receive a greater amount of child support.

As far as using this income in the calculation - this would be income that a judge would consider in calculating child support. You can always subsequently file for a modification of child support if there has been a substantial change in circumstances from when the previous child support order was entered.