Legal Question in Family Law in Ohio

adoipted children

I would like to know why the money my soon to be x- wife gets monthely does not get considered as income and my child support is outrageious!!She recieves around 4000.00 a month and it is not considered as income , why?


Asked on 3/21/07, 9:32 am

1 Answer from Attorneys

Mark Chuparkoff Chuparkoff & Chuparkoff

Re: adoipted children

The short answer is that the Ohio Revised Code, in conjunction with the IRS have deemed that Child Support is supposed to be used for the benefit and well being of the child and, therefore, not taxable.

As a general rule, Spousal Support (Alimony) is considered income and taxable to her and deductible to you. As such, if you are the payor, it's better to pay Alimony then Child Support.... but that never happens because people don't like the idea of paying their ex-wife. They'd rather justify it by paying for their kids.

On a side note, the Child Support does appear high. There are simple mathematical calculations which dictate what the appropriate amount should be. If it's too high, you can ask the court to reduce it. Call me if you wish to discuss further.

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Answered on 3/21/07, 2:53 pm


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