What is Considered “Income” for Alimony and Child Support Purposes?
In a Florida family law case that involves a claim for alimony or child support, one of the most important preliminary considerations is how much income each party has. In child support cases, each party’s income gets plugged into a formula that tells us what the law presumes is the correct amount of child support. In alimony cases, the income of each party is important to help determine whether one spouse has the need for support and the other spouse has the ability to pay support.
You should keep in mind that the term “income” in family law cases is defined differently than how the term is used in the Federal Tax Code or in other situations. Section 61.046, Florida Statutes (2011), defines “income” for family law purposes as follows:
[A]ny form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government.
If you are involved in a case involving alimony or child support and you are looking to retain a family law attorney in Tampa Bay, you may schedule a consultation with The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.
As of me “gross income” includes prospective income from any source, including earned and nonearned income sources which may include salaries, wages, commissions, royalties, bonuses, rents, gifts from anyone, prizes, dividends, severance pay, pensions, interest, trust income, alimony from previous marriages, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment compensation, income replacement disability insurance benefits, and payments from “nonmeans-tested” government programs.