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Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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Calculating child support when income is derived entirely from capital gains

Nov 03, 2010

Divorce attorney Jason BowmanQuestion:

How is child support calculated when income is derived entirely from dividends and capital gains rather than "earned income" from a job?

What happens if some of one's income-producing assets are subsequently liquidated for the purpose of buying a house? Is projected income then reduced?


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Ask a Lawyer: Does my money factor into the child support of my future husband?

Nov 29, 1999

Question:

My boyfriend and I were planning on getting married in the future. We broke up for a short time recently in which he got someone pregnant, but the baby isn't due until December. I was wondering about how child support works in that situation. Would it still only be figured off what he makes or what we both make? Thank you so much for your time.

Answer:

I am not presently licensed in the State of Georgia and therefore I cannot answer your question specifically to the laws of that State. Generally child support is based only upon the income of the parents. Some jurisdiction allow the court to consider the income of the new spouse, not for calculation of the support amount, but usually just to determine if income should be imputed to the spouse. For example, an ex-wife remarries and then quits her job because the new husband makes a million dollars a year. The court would not base the child support upon a million dollars, but would impute the wife's prior wage. Please note that it is my understanding that Georgia is significantly modifying their procedure for the calculation of child support sometime in 2006.

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Ask a Lawyer: Bonuses and child support

Nov 29, 1999

Question:

I generally make about $60,000 a yr, and get some healthy bonuses twice a year. Should my bonuses be included in child support calculations if they are not guaranteed?

Answer:

I am not licensed in North Carolina and therefore cannot answer your question specifically to the laws of that State. In my jurisdiction your bonuses, overtime or commissions would be included in the calculation. If the extra income varies from year to year, the court can take a three year average in Missouri.

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