Child Support Income Calculation

Summary

Child support in New York is calculated using gross income, which includes all earnings before taxes and deductions. If a parent is diverting income into a 401k to lower child support payments, you can file a motion to modify the child support order. The court may consider the parents actual earning capacity rather than just reported income. To proceed, gather evidence of the other parents financial situation and file a motion in the New York State Unified Court System. For more detailed guidance, consult the New York State Unified Court System website or seek legal advice.

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If a person puts most of their check in a 401k to avoid child support how can I readjust child support
To address the situation where someone is diverting income into a 401k to reduce child support payments, you can typically request a modification of the child support order.
- File a motion to modify child support in court.
- Provide evidence of the other parent's actual income and financial situation.
- The court may impute income based on earning capacity, not just reported income.
What state are you located in? This will help in providing more specific information on the process.
Ny
In New York, child support is generally based on gross income, not net income. If a parent is diverting income into a 401k to reduce child support, you can request a modification of the child support order.

New York State Unified Court System


Website: www.nycourts.gov

Would you like more information on how to file for a modification?