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Profit Sharing and Pension Calculated in Child Support?

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arosenth

Junior Member
What is the name of your state (Colorado)?

Hello, my STBX and I have filled out the Colorado child support worksheet based in each of our gross monthly incomes, the daycare expeneses, and medical costs.

Each year I get a profit match from my company that it directly depositied into a 401k. The money is not guarenteed, but it has been that way since I started working with the company. I also work for one of the few companies that still offers a pension. Again though, who knows if this will even be around when I retire.

So my question is this... my STBX is saying that the amount on the worksheet is incorrect or unfair as it does not take into account these other revenues (although they are not considered to be taxable right now). Could he make these somehow be calculated into my gross monthly salary and could that decrease the amount of child support that I recieve?

TIA
 


haiku

Senior Member
If child support is figured on your gross income before deductions, you need to show the money you put into your 401k as part of your gross income.
 

mistoffolees

Senior Member
If child support is figured on your gross income before deductions, you need to show the money you put into your 401k as part of your gross income.
And even if the profit sharing is not guaranteed, if you have routinely received it, it will likely be included. The court might, for example, use the average amount for the past 3 years.
 

LdiJ

Senior Member
And even if the profit sharing is not guaranteed, if you have routinely received it, it will likely be included. The court might, for example, use the average amount for the past 3 years.
I agree, IF its the OP's choice that the profit sharing go into the 401k. If the OP has the option to take the money as wages instead of it going into the 401k.

However, if the profit sharing is the employer's contribution to the 401k, then the OP may not have the option to take it as wages, therefore it shouldn't be included in the calculation.
 

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