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?
Divorce / Separation Lawyer
Florida Statute 61.30 (2) defines what income is to be used in calculating ones income. It states:
(a)â€ƒGross income shall include, but is not limited to, the following:
1.â€ƒSalary or wages.
2.â€ƒBonuses, commissions, allowances, overtime, tips, and other similar payments.
3.â€ƒBusiness 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.
5.â€ƒAll workers’ compensation benefits and settlements.
7.â€ƒPension, retirement, or annuity payments.
8.â€ƒSocial security benefits.
9.â€ƒSpousal support received from a previous marriage or court ordered in the marriage before the court.
10.â€ƒInterest and dividends.
11.â€ƒRental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
12.â€ƒIncome from royalties, trusts, or estates.
13.â€ƒReimbursed expenses or in kind payments to the extent that they reduce living expenses.
14.â€ƒGains 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 advice nor does it constitute an attorney-client relationship