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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.

Attorney Answers 1

  1. 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: 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.

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