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Rental income and child support

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Sarah2011

Junior Member
What is the name of your state (only U.S. law)? Arizona

My son's father (the NCP) recently filed papers to have child support reduced. He did not include rental income in his stated income. I plan to refile for child support and I'd like to know if I can include the rental income as part of his income. Also, I know how much he pays for the mortgage but not how much he gets from the renters. He won't give me the information. Can I use my best estimate, based on internet searches of rental properties on the same street? Thank you.
 


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Isis1

Senior Member
Sarah2011 said:
What is the name of your state (only U.S. law)? Arizona

My son's father (the NCP) recently filed papers to have child support reduced. He did not include rental income in his stated income. I plan to refile for child support and I'd like to know if I can include the rental income as part of his income. Also, I know how much he pays for the mortgage but not how much he gets from the renters. He won't give me the information. Can I use my best estimate, based on internet searches of rental properties on the same street? Thank you.
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you can add that to your evidence...but i'd also request the judge to order him to provide that information. bring information that proves he is owner of this property.
 
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nextwife

Senior Member
Sarah2011 said:
What is the name of your state (only U.S. law)? Arizona

My son's father (the NCP) recently filed papers to have child support reduced. He did not include rental income in his stated income. I plan to refile for child support and I'd like to know if I can include the rental income as part of his income. Also, I know how much he pays for the mortgage but not how much he gets from the renters. He won't give me the information. Can I use my best estimate, based on internet searches of rental properties on the same street? Thank you.
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FYI: The mortgage is usually not the only expense that is part of the total operating cost. There are property taxes, insurance (not always included in the mortgage), landlord provided utilities (I pay out an average of $100/mo for just my tenant's water and sewer charges), and maintenence. Some rentals do not provide a cash flow for a number of years. The rent minus the mortgage may not be the net rental income - there are other opertating costs.
 
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meanyjack

Member
Sarah2011 said:
My son's father (the NCP) recently filed papers to have child support reduced. He did not include rental income in his stated income. I plan to refile for child support and I'd like to know if I can include the rental income as part of his income. Also, I know how much he pays for the mortgage but not how much he gets from the renters. He won't give me the information. Can I use my best estimate, based on internet searches of rental properties on the same street? Thank you.
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It is not that cut and dry. Do you own property? If so, then think about all of the regular costs associated with owning property.

And contrary to popular belief, just because you find something on the internet does not make it fact.
 
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mistoffolees

Senior Member
nextwife said:
FYI: The mortgage is usually not the only expense that is part of the total operating cost. There are property taxes, insurance (not always included in the mortgage), landlord provided utilities (I pay out an average of $100/mo for just my tenant's water and sewer charges), and maintenence. Some rentals do not provide a cash flow for a number of years. The rent minus the mortgage may not be the net rental income - there are other opertating costs.
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In addition, there may be property management fees.

In any event, OP needs to subpoena the information. After gathering all the information, any income left after paying all the above bills could be considered for child support purposes.
 
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nextwife

Senior Member
mistoffolees said:
In addition, there may be property management fees.

In any event, OP needs to subpoena the information. After gathering all the information, any income left after paying all the above bills could be considered for child support purposes.
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And if it's a "feeder", as many are these days, there could be negative cash flow. There may or may not be actual income after hard costs are deducted.

Many investors I know are in it for potential appreciation, and eventual cash flow, but see no income now.
 
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