One of the main factors used to determine how much the non-custodial parent will pay in child support is their income. Therefore, it is important to understand how income is calculated for purposes of child support. Each parent will calculate a monthly gross income. Gross income includes the following:
(ii) Commissions, fees, and tips;
(iii) Income from self-employment;
(v) Overtime payments;
(vi) Severance pay;
(vii) Recurring income from pensions or retirement plans including, but not limited to, United States Department of Veterans Affairs, Railroad Retirement Board, Keoghs, and individual retirement accounts;
(viii) Interest income;
(ix) Dividend income;
(x) Trust income;
(xi) Income from annuities;
(xii) Capital gains;
(xiii) Disability or retirement benefits that are received from the Social Security Administration pursuant to Title II of the federal Social Security Act;
(xiv) Workers’ compensation benefits, whether temporary or permanent;
(xv) Unemployment insurance benefits;
(xvi) Judgments recovered for personal injuries and awards from other civil actions;
(xvii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash;
(xix) Lottery winnings;
(xx) Alimony or maintenance received from persons other than parties to the proceeding before the court;
(xxi) Assets which are used for the support of the family; and
(xxii) Other income.
See O.C.G.A. 9-6-15 (A)
There are exclusions to a parent’s gross income. Those exclusions are any child support obligation for other children, public assistance program benefits, benefits from Title IV-A of the federal Social Security Act, Benefits from a food assistance program, any benefits under Title XVI and Section 402(d) of the Federal Social Security Administration. See O.C.G.A. 9-6-15 (2) It is possible to adjust your gross income. The two factors that would lead to an adjustment in income; are any other child support obligations the parent may have and how many children are in the parent’s home.
In cases where the Court finds that one or both parents do not have any evidence of reliable income, unemployment, or voluntary unemployment they will assign or impute the parent’s income. The Court will evaluate several factors when determining what to impute as income. Some of those factors are the parent’s age, health, criminal record, a record of seeking work, and job skills.
You will need an experienced Family Law attorney on your side to help with your child support case. Give us a call toll-free at 866-527-2630 to set up a consultation.