Legal Question in Family Law in Pennsylvania

What constitutes ''Net Income'' in calculating child support?

I've had a child support order in effect for 9 years. Last year, my son's mother claimed she was unable to work for ''medical reasons''. She had supporting documentation from her doctor, so Domestic Relations assigned her an earning capacity of $0.00! I have recently, through public records, discovered that she owns a rental condominium! When confronted, she claimed the mortgage payment was higher than the rent collected, and therefore it wasn't income but a loss. Shouldn't this be considered income under the Rents + Royalties stipulation?


Asked on 3/08/05, 3:40 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: What constitutes ''Net Income'' in calculating child support?

If she has remarried and the loss shields some of her husbands income from taxation, you might have a case of implied income. Also, if the property is appreciating she would have a capital gain when the property is sold. I offer free consultations.

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Answered on 3/08/05, 8:16 am


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