Is trust income part of CS calxulations?

[Gypsygirl]

What is the name of your state? NY

Just curious.

If a NCP's other child -who lives with him- has a trust account paying money into the household , is that in any way income to NCP for CS purposes? It does reduce his expenses. OR would it be treated the same as a spouses income? Does an arrears by the NCP make any difference in this?

Also, unrelated. would CS that NCP recieves for a child of a different relationship be counted as NCP income subject to CS -he is CP to another child and gets CS? It would seem odd to pay CS from CS.

 

[Whyte Noise]

http://assembly.state.ny.us/leg/?cl=29&a=24

Start reading at section 240.

And make sure you have time on your hands. It's quite a lot to read.

 

[VeronicaGia]

http://assembly.state.ny.us/leg/?cl=29&a=24

Start reading at section 240.

And make sure you have time on your hands. It's quite a lot to read.

That's a lot of reading. My presumption is that since the money is for a someone else, and is not therefore income to the NCP, that it will not be included. Am I right? Please don't make me read the whole thing MG!

 

[nextwife]

VG, I was curious too. and I cannot make out the answer. Could find no specifics addressing this as either included or excluded from income.

However, as a life insurance payment is INCLUDED, and may potentially have been provided by a late spouse to replace their income toward the care of a child, why would this be different? CS is paid to the CP, not the child, so is the PURPOSE of the money paid to the CP any different than the purpose behind life insurance paid to a surviving spouse intended for the care of THEIR children together that is subject to CS?

I pay my life policies out of my income. My intent is for it to be used to raise my kid if I die., yet NY says he might have to pay CS on it.

 

[VeronicaGia]

In our original poster's question, it states the trust is in the name of a child living in the house of the NCP, not in the name of the NCP, so I think the situations are very different.

 

[nextwife]

"would CS that NCP recieves for a child of a different relationship be counted as NCP income"

I was referring to that question and your response as to the INTENT of funds. Whether funds paid to a NCP for the care of a child for which they are the CP are subject to CS. Same issue- money provided by the OP in some manner to care for their child being subject to CS or not for a child in a different household.

I could very well have missed it in all that, but I could not find any income exclsuion of CS paid to a CP who is a NCP to a different child.

 

[VeronicaGia]

This is going to get confusing....

If the NCP is obligated to pay for a child in another household, yet the same NCP is a CP to another child and receives support, then no, that money is not counted as income. It doesn't even have to be included as income in loan applications.

Does that help? LOL!

 

[nextwife]

Yes, thanks. I think that was her second question. I was wondering, too, after reading.