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What Counts as Income for Child Support
Courts define income much more broadly than most people realize. If your ex has income sources beyond a regular paycheck, they may owe more in child support.
Employment Income
The most straightforward income type. This includes:
- Wages and salary - regular paychecks from an employer
- Overtime pay - courts may include regular overtime if it is consistent
- Bonuses - annual, quarterly, or performance bonuses
- Commissions - sales commissions and incentive pay
- Tips - reported and unreported tip income
- Severance pay
Self-Employment and Business Income
This is where income hiding is most common. If your ex owns or operates a business, courts can consider:
- Business profits - net income after legitimate business expenses
- Distributions and draws - money taken from the business
- Owner benefits - personal expenses paid by the business (car payments, phone, meals, travel)
- Retained earnings - in some cases, profits left in the business to avoid showing personal income
- 1099 income - freelance, contract, and gig work
Courts can "pierce the corporate veil" - looking past business structures to find the true income available to a parent. Simply routing income through an LLC or corporation does not hide it from child support calculations.
Investment and Passive Income
- Rental income - from investment properties, Airbnb, etc.
- Dividends - from stocks and mutual funds
- Interest income - from savings, CDs, bonds
- Capital gains - profits from selling investments
- Royalties - from intellectual property, music, books, patents
- Trust distributions - regular payments from trusts
Other Income Sources
- Retirement and pension payments
- Social Security benefits (disability, retirement - not SSI)
- Workers' compensation
- Unemployment benefits
- Veterans' benefits (in some states)
- Alimony received from a prior marriage
- Lottery and gambling winnings
- Prizes and awards
What Usually Does NOT Count
Most states exclude these from child support income calculations:
- Means-tested public benefits - SNAP, TANF, Medicaid, SSI
- New spouse's income - in most states, though it may be considered indirectly
- Child support received for other children
- Foster care payments
- Adoption assistance
Hidden Income Red Flags
These signs may indicate your ex has income they are not reporting:
- Their lifestyle does not match their reported income
- They started a business or switched to self-employment
- They made large purchases (house, car, boat) on supposedly low income
- They claim business expenses that look personal
- They have a cash-heavy business
- Their tax returns show deductions that seem excessive
Read more about signs of hidden income →
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This information is for educational purposes only and is not legal advice. Income definitions for child support vary by state. Consult a licensed attorney for advice specific to your situation.