My ex-wife is claiming that I must use my total taxable amount from my Form 1040 as the bases for child support
in 2013. In 2012 my actual earned income was $100,057. I withdrew $13,750 from my 401K to help pay for my daughter’s college tuition and room and board expenses and this was taxed at my current tax rate.
The question is, is my wife entitled to ask that the 401K amount withdrawn be included in the base for determining my 2013 child support obligation? I do not consider this income as it was money already earned in past years.
A breakdown of my taxable amounts for 2012 is listed below.
Thank you for your help.
Wages, salaries, tips, etc.: $ 96,634
Taxable interest: $ 51
Ordinary dividends: $ 418
Taxable refunds, credits, etc.: $ 2,587
Capital gains: $ 367
2012 Income: $100,057
401K Educational Withdrawal: $ 13,750
Total 2012 taxable amount: $113,807