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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Are child support payments always based on the total amount

Customer Question

Are child support payments always based on the total amount listed on the 1040 tax form, regardless of where the income came from?
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

To answer your question directly, no, they are not based on the 1040 alone. The judge must determine what a person's income actually is. Naturally, a 1040 is a good place to start, since it is a sworn to statement of a person's income, but if a person has income not reported on their 1040, that may be included, too, if the judge becomes aware of it. On the flip side, a judge could, in theory, look at the 1040 and believe that some of the income should not be included in child support payments. I've never actually seen that happen, but, in theory, it could.