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.
Family Law Attorney
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!
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