Are education grants included in calculating spouse income for child support?

Asked about 3 years ago - Lady Lake, FL

I am five months pregnant and we are going to get a divorce, can my soon to be ex's education grants be included in his earnings to calculate child support?

Attorney answers (1)

  1. Andrew G. Storie

    Contributor Level 12

    Answered . Florida Statute 61.30 (2) defines what income is to be used in calculating ones income. It states:
    (a) Gross income shall include, but is not limited to, the following:
    1. Salary or wages.
    2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
    3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.
    4. Disability benefits.
    5. All workers’ compensation benefits and settlements.
    6. Unemployment compensation.
    7. Pension, retirement, or annuity payments.
    8. Social security benefits.
    9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
    10. Interest and dividends.
    11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
    12. Income from royalties, trusts, or estates.
    13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
    14. Gains derived from dealings in property, unless the gain is nonrecurring.

    So, if the grants are loans which will be paid back, then they will not be considered income. If he does not have to pay them back, then the Court may consider them Reimbursed expenses or in kind payments to the extent that they reduce living expenses. If so, then they would be included in his income for child support purposes.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal... more

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