Do gifts my wife gives my children count as increased income?

[vowijex]

What is the name of your state? Nevada

So my ex wife and the mother of my two kids wants to get my child support payments increased. Her reasoning is that I basically have an increased income since the rent I pay goes to our kids. See my wife owns her own house. She owned it before we got together. I pay her rent every month for the space I and my kids use when they're here. Basically it's the same amount I used to pay at my old apartment. She doesn't need the money though so she just spends it on my kids. My ex is saying that those gifts to our kids should count as increased income for me from my wife. So she thinks I should have to pay her more in child support.

 

[zddoodah]

my wife owns her own house. She owned it before we got together. I pay her rent every month for the space I and my kids use when they're here.

Does the "rent" you pay your wife comes from community property funds (e.g., your earnings from a job)?

my ex wife and the mother of my two kids wants to get my child support payments increased.

Has she done anything in furtherance of this desire (e.g., filing papers with the court to increase your support)? If so, what has she done?

My ex is saying that those gifts to our kids should count as increased income for me from my wife.

That doesn't make any sense as phrased, but I'll wait for you to answer my questions before offering anything further.

 

[adjusterjack]

Do you have a court order to pay child support, either an order or in the divorce decree.

Renting part of her house is NOT child support.

That she "doesn't need the money" is irrelevant and has nothing to do with your child support obligations.

Please answer Zddoodah's questions for the edification of both of us.

 

[vowijex]

Does the "rent" you pay your wife comes from community property funds (e.g., your earnings from a job)?




Has she done anything in furtherance of this desire (e.g., filing papers with the court to increase your support)? If so, what has she done?




That doesn't make any sense as phrased, but I'll wait for you to answer my questions before offering anything further.

I do pay her using my salary, but we have a prenuptial agreement to keep everything separate.

My ex has just said she is going to get an appointment with a lawyer, but so far no paperwork.

 

[vowijex]

Do you have a court order to pay child support, either an order or in the divorce decree.

Renting part of her house is NOT child support.

That she "doesn't need the money" is irrelevant and has nothing to do with your child support obligations.

Please answer Zddoodah's questions for the edification of both of us.

Child support is part of our divorce paperwork. I always pay the specified amount on time.

 

[adjusterjack]

Child support is part of our divorce paperwork. I always pay the specified amount on time.

What is the dollar amount of child support in the divorce decree?

And what is the dollar amount of the "rent" that you pay her?

 

[vowijex]

What is the dollar amount of child support in the divorce decree?

And what is the dollar amount of the "rent" that you pay her?

Just over $1700 for child support and I pay $2k for rent.

 

[adjusterjack]

Just over $1700 for child support and I pay $2k for rent.

To get more "child support" (which is a statutory issue) she would have to go to court and justify asking for more than the $1700 that was already awarded in the decree.

The "rent" that you are paying voluntarily you can adjust downward "voluntarily" if the court orders you to pay more "child support."

Perhaps you can explain it to her that way.

Beyond that, I'm not understanding the gift/income drivel that she is spouting.

 

[LdiJ]

Just over $1700 for child support and I pay $2k for rent.

Your wife has no legal obligation to support your children. That she chooses to spend money on your children is just that, a choice she makes. I doubt very seriously if any attorney would give your ex any encouragement to try to pursue more child support with that kind of argument.

 

[zddoodah]

I do pay her using my salary, but we have a prenuptial agreement to keep everything separate.

My ex has just said she is going to get an appointment with a lawyer, but so far no paperwork.

I'm curious about the reason for the prenup and the payment of rent, but it's not really all that important to the question you asked.

Even if the payment of rent were regarded as a sham (and I too don't really understand the whole "gift" argument that your ex might make), it wouldn't be relevant to the calculation of your child support obligation. Since your ex is just making noise, I wouldn't worry too much about it. If she actually files paperwork to increase your obligation, then you should retain the services of a family law attorney ASAP.