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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41620
Experience:  30 years as a family law lawyer .
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MY GROSS MONTHLY INCOME IS $9,500. $6,000 OF THIS CONSISTS

Customer Question

MY GROSS MONTHLY INCOME IS $9,500. $6,000 OF THIS CONSISTS OF A MONTHLY GIFT MY PARENTS HAVE GIVEN CONSISTENTLY FOR A NUMBER OF YEARS. WHAT AMOUNT OF MONEY IS CHILD SUPPORT BASED ON? (IS MY PARENTS REGULAR GIFT PART OF THE INCOME TO BE DIVIDED) I LIVE IN FLORIDA
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.

Thanks for your question. If you are paying here you tell the parent to quit paying you for awhile. I wouldn't say that this should be counted here. The best thing for you to do here is to stop the payments so you won't be listing it on your income here.

 

It is a gift and could be discontinued. Obviously the ex may see if differently. But since this is subject to being discontinued and you may want to do this for the pendency of the divorce I would not list it or count it.

 

I would argue that it is not regular income and shouldn't be counted on. If it discontinued at the time of the hearing it would not and should not be listed here in my mind. If anybody asks it is because it has been discontinued, right..You need to get your story planned out here..

Customer: replied 8 years ago.
I actually would like to count this as income. If I want to count it as income, can I?
Expert:  RayAnswers replied 8 years ago.
Sure if you want to try here you can. It's optional because the parents are gifting so to me it's sort of discretionary. If it benefits you then yes you can list it and count it in the matter. Gifts are always going to be something that give you leeway..

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