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Calculating Child Support Payments

I have always paid my ex-wife child support over the last 12 years. We didn’t use lawyers when we got divorced and filled out the child support worksheet strictly using ONLY our pay stubs. We are now both remarried and my financial situation with my current wife has changed and its a big stretch just to make ends meet.(I know that this does not matter in calculating child support payments, just giving you a little background info). My ex-wife drives a car that is owned and paid for her new spouse’s business. She also pays for ALL of the gas for that car with a company card provided to her from her new spouse. My oldest son also uses the company card to buy his gas and we give the ex-wife money to cover “our share” of that cost. Last year, her grandfather passed away and she received around $50,000 cash and will also receive some profits from the sale of his house. The house that my ex-wife owns with her new spouse is in her name only. When modifying child support calculations, would the inheritance, the car and gas allowance and any money she receives from her new spouse to pay for her monthly household bills be counted as income for her?

Good questions. The answers “depend.”

If your ex-wife is an employee of her husband’s company and has no other car to drive, then yes, an imputation of income would be made based on the benefits she receives. However, if she does not work for the company, then no, that income doesn’t count.

The inheritance from her grandfather may or may not impact child support. If the cash was received in 2016, it would affect her income for 2016. If she receives profits from the sale of his house, that will be considered income to her in the year it is received.

A modification of child support amongst other things, is based on the parties current gross incomes. In certain circumstances, a person’s income might be based on an average of the income received over the past 2 or 3 years.

Money contributed to household expenses by her new spouse is not considered income to your ex- wife. It would be different if he were just a roommate, and she was renting a room to him. Income of a new spouse is not considered for child support purposes since the new husband does not have a legal obligation to support your kids.