Income Included for CS Calculations

Are the following considered income when calculating child support?

Company contributions to a 401k
Increases in value in a mutual fund
Company travel expenses

Company contributions to a 401(k): No, this is specifically excluded from the definition of “income” in the NC Child Support Guidelines.

Increases in value in a mutual fund: No, but capital gains are included.

Company travel expenses: It depends. If a parent is being reimbursed for these expenses in the course of his/her employment and they are “significant and reduce personal living expenses,” then the NC Child Support Guidelines consider these reimbursements or in-kind payments to be income.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.