Calculation of child support - How does earning severance from former employer figure into support calculations.

Child Support 5 views 3 answers
My Ex and I have an agreement for the !st 3 yrs post-div. that we will revisit our W2 earnings annually in order to recalculate child support. In 14', I was laid off from my employer and was fortunate to immediately land new position..hence I was able to receive severance and was also paid by new employer. In tax year 2014, my gross income was significantly higher due to receiving severance. In May 15' we recalculated our support and my obligation literally doubled. Though new salary is similar to what I was earning at my former job(prior to layoff), my child support is based on much higher earnings due to gross 2014 earnings. Ex was also on disability in 14'...hence her 14' earnings are roughly 20% less...though she's recovered and earning 100% - further widening the gap for gross 14'

Attorney Answers

3
Bari Weinberger ·
It is not clear based on your question what method you used to accomplish the recalculation. Yes all income would be considered for child support , but it is not clear whether amounts may have been considered more than once. You should contact an attorney that may assist you in determining how calculations were done. Many attorneys offer free consultations.
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Amy B. HanselDivorce / Separation LawyerBradley Beach, NJ ·
Child support is based upon your respective incomes so your severance would be used especially since you recalculate every year. It may be a difference story if you weren't under the obligation to recalculate every year because that severance is a one time distribution and not going to happen again. The law provides that the children should benefit from any all sources of income you have. A doubling of child support is pretty rare. I am unsure if you are using the child support guidelines or some other method.
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Kelsey Mulholland ·
I have to assume from your question that you used the New Jersey Child Support Guidelines to recalculate your child support obligation. The courts most commonly base child support upon a parties' most recent pay stubs, unless there is a reason to diverge from doing that. Unfortunately, according to your agreement, you are supposed to use W-2's, which will include all of that severance income. If that is the method that you agreed to use, you may be stuck with using your W-2. However, if you explained the problem to your ex, she may be willing to base the support on your actual current income.
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