Income used for Child Support


#1

Hello. My ex is a full time reservist in the military. In order to be full time in the reserves, he must do normal reserve weekends like everyone else in the reserves, besides his normal job. He has stated in a legal complaint that he makes far less than his monthly income. He told me that his reserve pay does not count for child support. This seems incorrect to me because it is part of his job. I have been told I had to include the income I receive for the rent on a home (that does not even cover the mortgage for that home) as part of my income. Why would the income from rent, that does not even pay the house bill that I cover, count but not his normal income?
He refuses to give me any copy of his paychecks or our income tax documents.
Thank you!


#2

His reservist pay is indeed income, and it is indeed accounted for in a support calcuation and you can demand his tax info through the discovery process if you have a pending court action.


#3

I have a question along these lines. I am a salesman and make a base pay of 60k a year plus commission. My total pay has been just over a 100k per year. I am hearing conflicting arguments on what pay is used to calculate child support. My understanding is that because I have a track record of making over 100k a year for 3-4 years now, and I am still in the same job and position, that the 100k figure is what will be used to establish my income. Others have told me that I need only use my “Guaranteed” base as the income because the additional income is not “Guaranteed”. How does this really work? Also, what if I did extra “non-required” work all this time that made up part of my 100k? Is it included as well?


#4

Your income includes bonus pay, and that pay should be included in any support calculation. Since your pay has been so consistent the court will likely use an average of your income, but may calculate support based on your base pay and order that any bonus pay received will be paid in the same percentage of child support as your regular income.


#5

I do not have a consistent renter in the home I rent out. I don’t even have a renter in there right now and I am paying utilities and fixing up the house on top of that. So does this mean that the rent income may not get calculated in for my % calculation?
Thank you.


#6

If you are not receiving rental income, it should not be accounted for.