“What about gifts from third parties to either the parents or the children, are they income for support purposes?”
Under our statute they are not income to be included in any formulas there or any grids, but there is what we call a deviate from the guidelines. There’s a provision under our statute for deviation. There’s a recent case where gifts, especially if they’re regular gifts made regularly during the marriage, can be a reason for the court to deviate up or down in terms of the amount of support. But they’re not technically or mathematically included in the calculation.
David L. Ladov is a partner and co-chair of the Family Law Group at Obermayer Rebmann Maxwell & Hippel LLP. He focuses his practice on divorce, including custody, child support, equitable distribution, abuse and domestic relations. David can be reached at (267) 675-4976 or [email protected].
Robert Whitelaw is a managing partner and co-chairman of Obermayer Rebmann Maxwell & Hippel LLP’s Litigation Department and Family Law Group. He has 40 years of experience in practicing family law. Robert can be reached at [email protected] or (215) 665-300.
View their firm website www.obermayerfamilylaw.com and their Divorce Magazine profile.
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