Student Loan considered "Income"?


#1

Hi,

I need some help. Would a student loan refund or the amount that my husband receives over the amount for tuition, books, etc. be considered as income for child support purposes?

My husband was recently laid off and is now in school full time, but working part-time as well. So he’s asking for a reduction, however the judge mentioned that something about considering what kind of financial aid he receives for income reporting purposes. I would just like a little clarification of this because it just doesn’t seem reasonable to make someone pay support from money that they will eventually have torepay. It would be like paying the money twice.

Are there any laws or cases or something that would help me figure this out? My research so far doesn’t come up with much except judges in other states ruling against using student loans, scholarships, or grants as income for child support purposes.

HELP!!!


#2

I doubt a loan would qualify as “income” for child support purposes! FYI. My ex and I saved considerable sums for our children’s college educations. None of that money counted towards child support or as part of “our standard of living” or as marital property. He got to keep it all.