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Author Topic: income that is counted in calculating child support?  (Read 865 times)

lovebug

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income that is counted in calculating child support?
« on: Feb 14, 2005, 09:20:32 PM »
I need help figuring out what income can be included in calculating child support. I am in GA and Ga is still calculating base on % of income of the NCP paid to the CP. I received thousands of dollars in a disability severance settlement from my employer (the Army) in 2003. My previous counsel told me that this was not allowed in the child support calculation.

I also receive a monthly VA disability benefit of which a portion is withheld to pay back the army for the disibility severance it paid. I cannot collect money on the same injury from more than one federal source according to federal law. My ex's attorney is trying to get a child support award for both the lump sum settlement and the entire some of money that I am awarded from the VA each month, including the withholding.

The IRS consided neither of these as income for tax purposes.

Are disibility severance or disibility VA benefits income used in calculating child support?

My son also receives SSI because he is a disabled child. Can this be used as income for my portion of child support?

My ex also receives SSI and has no other income. If I win custody of the minor child can this be used to calculate child support that the child's mother would pay me for the care of the child?

Also, I now own a small business, I had a business loss for use of a vehicle and some other misc office expences that I deducted on my income taxes. Is this taken into consideration when calculating child support or is child support calculated based on my total gross and not adjusted gross income?


Any help or thoughts are appreciated!

~~~


socrateaser

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RE: income that is counted in calculating child support?
« Reply #1 on: Feb 15, 2005, 10:25:28 PM »
>Are disibility severance or disibility VA benefits income used
>in calculating child support?

It depends entirely on GA State law. If you had a GA attorney tell you that the money wasn't considered income, I'd accept that interpretation.

>
>My son also receives SSI because he is a disabled child. Can
>this be used as income for my portion of child support?

No. It's not your income.

>
>My ex also receives SSI and has no other income. If I win
>custody of the minor child can this be used to calculate child
>support that the child's mother would pay me for the care of
>the child?

If your ex can't use your disability for child support, then neither can you use hers.
>
>Also, I now own a small business, I had a business loss for
>use of a vehicle and some other misc office expences that I
>deducted on my income taxes. Is this taken into consideration
>when calculating child support or is child support calculated
>based on my total gross and not adjusted gross income?

Deductions from income from self employment are usually those that are ordinary and necessary. This is usually everything except depreciation, and any luxury deductions, like you earn $50K a year but you drive a $75K car for business. Most of that deduction would be disallowed, unless you could show how it was ordinary and necessary to your earning income.

 

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