Attorneys Fee paid by employer?

[ccmom]

My ex filed an updated I&E in which he stated that his employer is paying his attorney fees. (over $10,000 in the past 4 months) I called his employer and they confirmed they are in fact paying his fees and plan to continue to do so.

1) Does the court have to include his employers payments to his attorney as income when calculating support?

2) If yes, then would they take the total of the payments and spread them out over a year, or over the 4 months they were paid?(ie. would they add $833 a month or $2500 a month to his income)

Thanks for your time.

[socrateaser]

>1) Does the court have to include his employers payments to
>his attorney as income when calculating support?

Quite a perk. Generally, the attorney fees would be income to the recipient, subject to support calculations. The recipient of the money could possibly argue that the payments are a one-time windfall, and therefore not recurring income subject to support, or a gift, but, if it continues regularly throughout the course of litigation, the court would probably view it as a means of hiding income, and include it into the support calculations.

>2) If yes, then would they take the total of the payments and
>spread them out over a year, or over the 4 months they were
>paid?(ie. would they add $833 a month or $2500 a month to his
>income)

The income would be applicable for support during the months received. However, as soon as the case is complete and the payments stop, then the support obligor could return to court and ask for a downward modification based on income without the attorney fees.