Discovery

[angelbrite]

i am taking my ex to court to have child support modified. the divorce decree stated that when she became employed it would be done by the NYS Child Support Standards Act, which would mean both of our incomes would be used to calculate support, uncovered medical expenses and day care costs. She now has a very good job. she also has rental property that she gets an additional $400.00 per month from, but she said that can't be counted and it should only go by her salary minus FICA.
can this rental income be counted as part of her income? Is the child suuport from her husband after me counted also? I know the guy she has living with her now can't be counted in any financial way, (yes, she has now booted out the guy she married after me and is now on her third child with the guy she met while married to the last guy- confusing) but can the other things i mentioned be counted as income?

 

[Ambr]

http://www.acf.dhhs.gov/programs/cse/fct/ny97.htm

"Income" includes any earned, unearned, taxable or non-taxable income, workers’ compensation, disability benefits, unemployment insurance benefits, and federal social security benefits as defined in 42 U.S.C. section 662(f)(2) but excluding public assistance benefits paid pursuant to the social services law and federal supplemental security income.

if she makes money from it - it's income.

child support from the other father does not count as her income.