My ex husband lost his job at least a year ago. He has made his full child support payments until this month when he came up with his own calculation that since child-care cost decreased, then his support payment should decrease. i told him he needs to file with the court and he cannot simply come up with a different amount as he chooses. He owns a profitable rental property that he also has at least $200,000 in equity. If he does attempt to modify his support payments with the court, will they only look at his lack of W2 income, or would an asset like his rental property be considered too?
Rental proceeds is income. Generally speaking, child support guidelines consider any taxable income as income for support purposes. If he files a modification, there will be a hearing either at the administrative or circuit court level. You have the right to certain documents: business income (rental), bank statements he has an interest in, W-2's, prior taxes, unemployment compensation paid to him. You will need to subpoena or request that he produce those documents and then you will need to put a case together. A hearing at an administrative level can be appealed to the circuit court.
Court/DOJ will look at actual income including rental, potential income, unemployment, and any pother income. If you have an enforceable order, you might consider garnishing the renter for any shortfall.
If he's earning income from any source -- W2 employment income, self employment 1099 income (such as rental income) -- then the court will likely take this into consideration in its calculations.
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