Question:

Does a regular monthly gift received by a spouse from his/her parent count as part of his/her gross income when it comes to determining maintenance or child support?

Answer:

In Indiana, gross income is defined as follows for the purpose of determining child support:

“Actual weekly gross income of the parent if employed to full capacity, potential income if unemployed or underemployed, and imputed income based upon “in‑kind” benefits. Weekly gross income of each parent includes income from any source, except as excluded below, and includes, but is not limited to, income from salaries, wages, commissions, bonuses, overtime, partnership distributions, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workmen’s compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, inheritance, prizes, and alimony or maintenance received from other marriages.” Indiana Child Support Guideline 3(A)(1).

Therefore, under Indiana law, it is possible that a regular monthly gift would be considered as part of a spouse’s gross monthly income for the purposes of determining child support.

Indiana has intentionally vague laws on spousal maintenance and does not provided for maintenance for a period of time exceeding 36 months passed the date of final dissolution, except in cases of proven permanent disability.

However, divorce laws and statutes will vary by state, so you will need to speak with a local family law for a definitive answer on whether a gift would count toward their gross income when calculating support.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.