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Family Law For Men.
Estate Planning And Elder Law For Everyone.

Family Law For Men.
Estate Planning And Elder Law For Everyone.

What kind of income do judges consider when deciding on support?

by | Mar 17, 2020 | Family Law For Military Members

Unfortunately, military personnel experience some of the highest divorce rates in America. Regardless of which partner serves in the military, it can put a lot of stress on the family. When children are involved, one parent is often absent and the other may often need to move often to stay close. This can make it difficult for that spouse to build a career of their own.

If the marriage ends, the spouse ordered to pay support is likely the person who serves in the military. They earn a steady paycheck and the children are more often with the other spouse.

The income used for calculations

In most cases, the paying spouse is the husband. If this is the position you are in, these are the incomes Forbes believes the court may use to determine how much you pay:

  • Annual salary
  • Employment benefits
  • Deferred compensation
  • Interest on investments
  • Bonuses earned
  • Employer contributions to your retirement account

When courts decide to look for more information

To dig a little deeper, the court may also want to see documents related to this information. This may include bank account statements, tax returns and investment accounts documents. The court does not always dig deeper for more information, but it may do so if the cited income does not justify the current lifestyle.

For instance, if you report that you only make $50,000 per year but the kids and your spouse live a lavish lifestyle that exceeds this, the judge may look for what additional income could justify this. This might unearth investment real estate properties in other states or even stock investments you forgot you bought years ago.

This is why it is important to work with a professional. Doing so helps you protect your interests while also safeguarding that of your children.