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Non-Taxable Disability Income In Determining Child Support

White Plains, NY |

I am currently collecting a Non-Taxable Disability Retirement Income. When calculating Child support payments, the judge stated since I am receiving a Non-Taxable disability income, my one childs child support is being based on a gross taxable rate. I am not sure if I expalined that correctly, but basically if I received $50,000 non-taxable a year, the judge said it would be like making $75,000. So the judge calculated my child support payments based on a taxable income of $75,000. Since my income is not taxable, I receive NO tax refund a year, how can that be reasonable and fair. Had I been paid at a taxable income, I would receive a refund each year based on my income deductions. Is there any case laws that may help me? Thank you in advance.

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Attorney answers 1

Posted

This sounds like a ruling from a child support hearing examiner, not a judge. I suggest you challenge this as outside the parameters of the CSSA. Unfortunately, without more specific information, it is not possible to suggest case law or other legal strategies. I recommend you consult with a local attorney immediately. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Asker

Posted

Mary, I appreciate your fast response. It was done by the Support Magistrate. When you said challenge it outside the parameters of the CSSA, what or where would I go to try and or attempt it. Thank you again for all your help.

Mary Katherine Brown

Mary Katherine Brown

Posted

Look on the order itself for instructions. They should be there. You will see something like "... to file an objection.... within ... days".

Asker

Posted

I am going to file and objection. I currently pay $1,432 per month plus 66% of school and medical. Here is a copy and paste of the order: Petitioner's adjusted gross income is the sum of $50,000. Respondent's adjusted gross income the sum of$102,000. CSSA yieds child support in the sum of $759.33 per month to income capped at $80,000.00. CSSA yields child support in the sum of $1,432.00 per month to all the combined income. Respondent's pro rata share of the child support obligation is 67%. Although Petitioner seeks for the Court to impute income to Respondent based upon an ability to work and resources available to him, she did not establish a basis for the Court to grant said relief. In determining whether to apply CSSA to all of combined income or income capped at $80,000.00, the Court has considered all of the relevant FCA See 413(1)(f) factors. The Court has considered the standard of living the child would have enjoyed had the household remained intact. The Court has considered the child's expenses, resources of the parties, and tax consequences. Thank you again.

Mary Katherine Brown

Mary Katherine Brown

Posted

Before you do anything, do the math and read the CSSA. Income cap has been raised to 130K (not 80K as quoted in order) so you want to be sure you will come out ahead if a judge recalculates.

Asker

Posted

Mary, thank you so much for your help. It is greatly appreciated by myself and I am sure by all the others you have helped on here. There are so many factors to consider and I have spent so much time looking up information, my head still spins. Again, thank you for all your help.

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