Legal Question in Family Law in Arizona

income for child support

The father of my children is moving to Colorado and has taken a job where he earns less money and plans on modifying child support. He recently sold some land and is being paid from a title company. Approx. $700 month for the next 15 years. Can I add this amount onto his monthly gross income when calculating child support?


Asked on 2/07/07, 2:41 pm

1 Answer from Attorneys

Re: income for child support

Without more information, it is impossible to determine whether you can factor the income into the calculation. The court will consider "gross income" which includes capital gains, rental income, income from a business, and other sources. The income from land may fall into a category depending on the specific nature of the land sale.

Consequently, you should determine the nature of the $700 dollars because it may be a source of income to the father of your children. Given the rapid increase in the value of some land in Arizona, it is conceivable that a portion of the $700 may be considered capital gains, which counts towards child support income.

The following link takes you to the child support worksheet which describes general categories of qualifying "gross income."

http://www.superiorcourt.maricopa.gov/sscDocs/pdf/drs12i.pdf

More research will be necessary to answer your question adequately. You should determine how the money is defined, and decide whether to retain an attorney to assist you.

Best of luck.

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Answered on 2/10/07, 12:37 am


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