The ALJ ordered Judovsky to bring copies of his bank statements and documentation showing income and expenses to the July 1998 hearing. The ALJ acknowledged that Judovsky s 1998 income could be significantly higher than his average income for the preceding three years, but he also stated that until Judovsky s 1998 tax returns were available, any consideration of his 1998 income was purely speculative. This appeal followed. But because this case involves a guidelines child-support obligation, the ALJ was not required to make findings on Judovsky s expenses. At his deposition, Judovsky stated that his girlfriend had been paying most of his expenses over the preceding six months but that she expected to be repaid.
Income is defined as any form of periodic payment.
Loans that are not periodic and do not provide a reliable source of child support should not be considered income. Dvorak also argues that the ALJ abused his discretion by not considering unreported income that Judovsky allegedly derived from illegal transactions and from rental property. But because of a complete absence of proof on both of these claims, the ALJ did not abuse his discretion by not considering these alleged sources of income in setting Judovsky s child-support obligation. Finally, Dvorak argues that the ALJ abused his discretion in allowing Judovsky to deduct accelerated depreciation expenses from his gross income. But even if this was error, the amount at issue is de minimis and whether the deductions are allowed or disallowed impacts Judovsky s gross income by less than ten dollars per month.