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How will this one-time $ affect support?

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NITM

Member
What is the name of your state? CA

Last year, NCP received an unexpected disbursement in the mail for $10k from an "Emergency Fund" program that his union had terminated. It was generated over many years from money taken from his paychecks. CP has just asked for NCP's tax returns (like she does every year) and we're wondering how the court would calculate a one-time occurance like this. Would they raise his child support or make him pay a lump sum because of this, even though it was only a one time deal that will never happen again? And it's not like it was free money - this money had been taken out of NCP's paychecks over the years (so I'm assuming that means it's already been counted as gross income from all those years), and he also had to pay around 27% tax on that money, which resulted in us owing this year instead of receiving any refund.

We're afraid what that extra $$ showing up on our tax return is going to do. NCP's actual income was a few thousand less than last year, so his "total" income only wound up being around $8k more than the year before. Is that enough to modify support when it was only a one time occurance?
 


LdiJ

Senior Member
What is the name of your state? CA

Last year, NCP received an unexpected disbursement in the mail for $10k from an "Emergency Fund" program that his union had terminated. It was generated over many years from money taken from his paychecks. CP has just asked for NCP's tax returns (like she does every year) and we're wondering how the court would calculate a one-time occurance like this. Would they raise his child support or make him pay a lump sum because of this, even though it was only a one time deal that will never happen again? And it's not like it was free money - this money had been taken out of NCP's paychecks over the years (so I'm assuming that means it's already been counted as gross income from all those years), and he also had to pay around 27% tax on that money, which resulted in us owing this year instead of receiving any refund.

We're afraid what that extra $$ showing up on our tax return is going to do. NCP's actual income was a few thousand less than last year, so his "total" income only wound up being around $8k more than the year before. Is that enough to modify support when it was only a one time occurance?
That disbursement is like someone taking a disbursement from an IRA or a 401K. It should not count for child support purposes.

However....the ncp cannot just sit back and expect the CSE or the judge to understand what happened based soley on the paperwork. The ncp must provide clear and concise explanations...in writing, at every step in the process.
 

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