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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86625
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am going to court to have our child support reassessed. Our

Customer Question

I am going to court to have our child support reassessed. Our divorce was 2 years ago and I received a payout from my ex's ESOP. This is indicated on my tax return as income I believe. Is this actually viewed as "income" which will count against me or is the fact that it was a "payout" and not part of my "salary" taken into account?
Submitted: 12 months ago.
Category: Legal
Expert:  Ely replied 12 months ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me what state this is in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 12 months ago.


State is in MI. I am concerned because we need to bring in our last 2 years tax returns

Expert:  Ely replied 12 months ago.
Thank you.

In Michigan, the following is defined as income:

(1) Wages, overtime pay, commissions, bonuses, or other monies from all employers
or as a result of any employment (usually, as reported in the Medicare, wages, and
tips section of the parent’s W-2).
(2) Earnings generated from a business, partnership, contract,self-employment, or
other similar arrangement, or from rentals. §2.01(E).
(a) Income (or losses) from a corporation should be carefully examined to
determine the extent to which they were historically passed on to the parent
or used merely as a tax strategy.
(3) Distributed profits or payments from profit-sharing, a pension or retirement, an
insurance contract, an annuity, trust fund, deferred compensation, retirement
account, social security, unemployment compensation, supplemental
unemployment benefits, disability insurance or benefits, or worker’s
compensation.
(a) Consider insurance or other similar payments received as compensation for
lost earnings, but do not count payments that compensate for actual medical
bills or for property loss or damage.
(b) If a retired parent receives paymentsfrom an IRA, defined contribution, or
deferred compensation plan, income does not include contributions to that
account that were previously considered as the parent’s income used to
calculate an earlier child support obligation for a child in this case.
(4) Military specialty pay, allowance for quarters and rations, BAH-II, veterans’
administration benefits, G.I. benefits (other than education allotment), or drill pay.
(5) Tips, gratuities, royalties, interest, dividends, fees, or gambling or lottery winnings
to the extent that they represent regular income or may be used to generate regular
income.
(6) Capital gains to the extent that they result from recurring transactions; or if the
capital gains are attributable to a single event or year, or when cash may not beimmediately available to the parent, consider them to the extent they can be used
to represent income over several years.
(7) The standard (basic needs) portion of adoption subsidiesfor children in the case
under consideration (do not consider the medical needs and intensive rate portion
of the subsidy, nor the family support subsidy asincome).
(8) Employer contributions to pension or other retirement plans, or individual
contributions to qualified private retirement plans.
(9) Any money or income due or owed by another individual, source of income,
government, or other legal entity. Income considered should usually meet the
statutory definition found at MCL 552.602(m).


As you can see, it is very inclusive. The fact that this was a payout and not normal salary does not matter - it is included per the definition if it is derived from employment. Ergo, it would count, I am afraid. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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