Can an early, one-time IRA withdraw be counted as income for the purposes of child support calculation in Washington State?

Asked about 2 years ago - Seattle, WA

I am currently unemployed and took a large one-time early IRA withdraw to settle some credit card debt and to be able to pay my rent, child support and other obligations. In other words, my unemployment check was not nearly enough to cover my monthly expenses after I was laid-off. I am in the process of submitting a motion for adjustment of child support before King Country Superior court and I need to know if this one-time withdraw will be counted against me as income. As I stated previously, my only source of re-occurring income is from my weekly unemployment check.

Attorney answers (2)

  1. John Stocks

    Contributor Level 9

    1

    Best Answer
    chosen by asker

    Answered . No. It is nonrecurring income. The court would likely find that a particular source of income included in the calculation of the basic support obligation is not a recurring source of income and then exclude it. You have to show 2 years of income to prove it was a one-time thing.

  2. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . A wicked ex might argue, but I don't think so. The Financial Declaration form (WPF DRPSCU 01.1550) (http://www.courts.wa.gov/forms/?fa=forms.contri...) has a separate section for "Available Assets", which would probably be where you should enumerate the aforementioned IRA.
    Seriously, you should probably retain a family law attorney.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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