Child support calculation question

This is a discussion on Child support calculation question within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My ex recently went on SSDI after milking Workmans Comp after a work injury.My quesstion is during our annual recalcultions does all the income from 2011 get calculated into the ...

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  1. #1
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    Child support calculation question

    My ex recently went on SSDI after milking Workmans Comp after a work injury.My quesstion is during our annual recalcultions does all the income from 2011 get calculated into the child supprts calculations? He also got 560 K in a insurance settlement in 2011. How does these fiqures get caculated ?


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    Here it is for you and for others:

    THE BASIC FORMULA FOR CALCULATING CHILD SUPPORT:
    1. Combine the parental income after taking the appropriate "additions" and "deductions". FCA Sec. 413(1)(c)(1) and FCA Sec.413 (1)(b)(5).

    2. Multiply the conbined income by the appropriate CSSA percentage based on the number of children (17% for one child, 25% for two and so on). This is called the "COMBINED OBLIGATION" FCA Sec.413(1)(c)(2).

    3. Assign each parent their pro-rata share of the obligation from the above step 2 FCA Sec. 413(1(c)(2).

    The Court will look at you guys most recent income tax return for total income or your 2011 returns in doing the calculations. The Court may consider the 560K as a one time event and put it into the mix.

    You must rembember that there are a multitude of factors that are or should be considered in calculating child support which would take a book. Therefore, I cannot begin to list them here.

    Generally, the Court first considers Additions and Subtractions. For instance under the Holterman decision, the Appeals Court ruled that "the receipt of distributive award payments is not a statutory category of income". Social Security is income although social security income derived as a representative payee is NOT income for child support purposes. New York City Income tax payments are deductable from child support. The list goes on and on.

    Lastly, there are combined income thresholds which alter the rules. IN your case, you fall above the $80,000 threshold. A good CPA or tax attorney can filter through this stuff for you.


 

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