In order to determine the amount of child support that a parent has to pay, courts take into consideration the gross income received by the parent. What is gross income is a factual question and is determined on the basis of admissible evidence. <\/p>\n\n\n\n
There is various evidence that can be used as proof of income necessary for the computation of child support,<\/a> so long as they pass the test of admissibility. In order to be admissible, evidence has to be relevant and not excluded by the rules of evidence, i.e., it must have been properly obtained. <\/p>\n\n\n\n Among the evidence considered for purposes of determining a party\u2019s gross income are tax returns. Courts have previously held that gross income, as stated under penalty of perjury, on recent tax returns are presumptively correct or assumed to be true. If the party’s family law attorney<\/a> wishes to overcome this presumption, then they have the burden of overcoming this presumption by presenting competent and admissible evidence to the contrary. <\/p>\n\n\n\n Other types of evidence that are given consideration by the courts to prove the parent\u2019s income include income and expense declarations<\/a>, pay stubs, and testimonies of both experts and the parties themselves. <\/p>\n\n\n\n Evidence of the parent\u2019s lifestyle, however, is not considered as evidence of income. <\/p>\n\n\n\n In determining parental income for child support, gross income, or all income received by the party is considered. Courts, therefore, look far beyond the paycheck that a party receives from work. <\/p>\n\n\n\n Documentary evidence<\/a> such as tax returns, pay statements, financial statements must all be produced when required by the court and certified as true under penalty of perjury. <\/p>\n\n\n\n Gross income refers to all income received by the party, and may include: <\/p>\n\n\n\n There are certain exceptions to this all-encompassing broad definition of gross income for purposes of determining the amount of child support obligation that a party owes. <\/p>\n\n\n\nTax Returns<\/h2>\n\n\n\n
Other Forms of Evidence<\/h2>\n\n\n\n
Income Considered for Child Support <\/h2>\n\n\n\n
Gross Income For Child Support<\/h3>\n\n\n\n
Exclusions From Gross Income For Child Support<\/h3>\n\n\n\n