In other states, the amount of the benefit received is deducted from the total child support of both parents, and the remainder of the obligation is then divided between the parents in proportion to their incomes. As laws in different states treat this situation differently, it s important to check with a qualified local family law lawyer to find out how your state s law will affect your particular child support obligation. My husband and I are planning on divorcing. He owns his own business and says that his tax returns don t reflect his true income. If the tax returns don t reflect his accurate, true income, he may have more problems than just the calculation of child support.
Most states laws require courts to consider income from all sources when calculating child support.
This can include income from wages, interest, dividends, and other business sources. For example, a North Carolina court recently found that paper profits, or income that is on a business s books but not distributed, can be attributable to a child support obligor as income from all sources. So fancy accounting shouldn t stop the court from being able to read the tax returns and gather the documents necessary to determine the correct amount of income to be used for child support purposes. The guidelines for determining child support vary from state to state. It s important for you to consult with a qualified divorce lawyer in your local community for information and advice.