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child support calculation

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fairisfair

Senior Member
Ok, fine, I was wrong and I admit it.
Can I please have an answer to my question about whether or not my father paying my rent is included in child support calculation?

yes

this is from the AZ Child support Guidelines

A. Gross income includes income from any source, and may include, but is not limited to,income from salaries, wages, commissions, bonuses, dividends, severance pay,
pensions, interest, trust income, annuities, capital gains, social security benefits (subject
to Section 26), worker's compensation benefits, unemployment insurance benefits,
disability insurance benefits, recurring gifts, prizes, and spousal maintenance. Cash
value shall be assigned to in-kind or other non-cash benefits. Seasonal or fluctuating
income shall be annualized. Income from any source which is not continuing or
recurring in nature need not necessarily be deemed gross income for child support
purposes.
 


maryanns

Member
ok, thanks. NCP knows my parents give me rent money and brought it up during child support calculation conference but it wasn't added to my gross income. NCp would have liked it to have been I guess it could have lowered the amount he pays. He doesn't pay rent however because he stays free with his girlfriend. Could I argue that he too lives without paying rent out of his own pocket, therefore my rent shouldn't be included in calculation if it were to come up in the future?
 

ceara19

Senior Member
Yes, you have...Do you want me to copy and paste the post for you??

We can say if the judge will order a continuance...we are not mind readers, it could go either way.


Edit to add: This is the link to the thread, you had advised a woman to commit a fraud on the court. Mary deleted your post because you gave improper, illegal and just plain stupid advice! You were lucky that you didn't get banned! This is a great site that you could learn a lot from, if you have the brains to check your facts BEFORE commenting! ;)

https://forum.freeadvice.com/showthread.php?p=1553899#post1553899
Actually, I removed it!:D The way the reporting system works now is when you report a post, it is automatically removed. I LOVE the new reporting system, especially during long weekends or when Mary is on vacation. It works great for "Kelly posts" too! Now if they could only fix the problem with posting links.
 

Just Blue

Senior Member
Actually, I removed it!:D The way the reporting system works now is when you report a post, it is automatically removed. I LOVE the new reporting system, especially during long weekends or when Mary is on vacation. It works great for "Kelly posts" too! Now if they could only fix the problem with posting links.

h...I know, but Mary makes the decision to keep it off.....;)
 

Just Blue

Senior Member
o/t, I haven't seen Kelly stalking around since I've been back (knock on wood). Has she finally been disposed of for good?!?



bradybunchmom was on yesterday...the post was removed but I don't know if she was banned....but we will never be rid of her...:(
 

ceara19

Senior Member
bradybunchmom was on yesterday...the post was removed but I don't know if she was banned....but we will never be rid of her...:(
I was hoping she had finally given up. She's been stalking another site pretty heavily lately too, using the same names and stories that she uses here.:rolleyes:
 

Just Blue

Senior Member
She's been at laborlawtalk alot. I've heard she's been visiting a few other sites too, but I'm not sure which ones. I wish she would stick to her Gothic vampire sites and leave the rest of the normal, SANE world alone.

She has too much fun annoying us...it's like a drug to her, gives her a rush...she will never stop...:(
 

GrowUp!

Senior Member
ok, thanks. NCP knows my parents give me rent money and brought it up during child support calculation conference but it wasn't added to my gross income. NCp would have liked it to have been I guess it could have lowered the amount he pays.
And he has every right to argue this. The rent assistance you receive is a recurring gift that should be factored in. If it wasn't included I am guessing that's because he didn't bring any evidence to support it.

He doesn't pay rent however because he stays free with his girlfriend. Could I argue that he too lives without paying rent out of his own pocket, therefore my rent shouldn't be included in calculation if it were to come up in the future?
Nope. The issue here is not RENT -- it's the monetary assistance you are getting, which is considered a recurring gift, per state statutes. Did you not include the recurring gift you are receiving? If not...tsk tsk tsk...
 
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LdiJ

Senior Member
I don't think that financial support from family or the government (ie welfare assistance) is what is meant by "reoccuring gifts".

If that was the case, then any parent who was supported by a spouse, significant other, or who shared a home with another family member would have the issue of reoccuring gifts factored into their child support calculation. Same with welfare benefits, and we all know that those don't factor in.

I think that "reocurring gifts" is more likely to mean things like payments from trust funds, lottery periodic payouts or other things that are not earned or investment income......but are nevertheless guaranteed available funds.

A parent of a parent could always state that they are only helping their child until child support kicks in....or until their maternity leave is over...etc.
 

Ohiogal

Queen Bee
I don't think that financial support from family or the government (ie welfare assistance) is what is meant by "reoccuring gifts".

If that was the case, then any parent who was supported by a spouse, significant other, or who shared a home with another family member would have the issue of reoccuring gifts factored into their child support calculation. Same with welfare benefits, and we all know that those don't factor in.

I think that "reocurring gifts" is more likely to mean things like payments from trust funds, lottery periodic payouts or other things that are not earned or investment income......but are nevertheless guaranteed available funds.

A parent of a parent could always state that they are only helping their child until child support kicks in....or until their maternity leave is over...etc.

parents do not have an obligation legally to support their grown children as spouses have legal obligation. Hence those are gifts and can and are factored in in many states -- as is "support" from boyfriends and/or girlfriends in many states.
 

LdiJ

Senior Member
parents do not have an obligation legally to support their grown children as spouses have legal obligation. Hence those are gifts and can and are factored in in many states -- as is "support" from boyfriends and/or girlfriends in many states.

Ok...but how many orders have any of us seen that factor in those things? Those things are not guaranteed and can end at any time. Therefore its not logical for them to be factored in....and when they are its by imputation of an income to unemployed or underemployed parent.

In any case, I was really defining "reocurring gifts" as they are defined on an accounting/financial/tax basis. That phrase means something different to me than it would mean to the average person, therefore I can see it possibly meaning something else in a law setting as well. I simply don't see it as including a parent of a parent temporarily helping out with rent.
 

haiku

Senior Member
Ok...but how many orders have any of us seen that factor in those things? Those things are not guaranteed and can end at any time. Therefore its not logical for them to be factored in....and when they are its by imputation of an income to unemployed or underemployed parent.

things don't always go the "logical" way in court, an excellent attorny, a certain attitude, other extenuating financial circumstances and the traffic situation for the judge on the way in, all have a way of influencing a final decision.

therefore one must make sure every base is covered and never assume logic will win the day.
 
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