A Midwestern man is fighting a child support decision that requires him to claim company perks as income when calculating the amount he owes. The man, who hails from Ohio, a state near Minnesota, is petitioning the court to exclude a Lexus car, cellphone, season tickets to football games and other perquisites in connection with the support judgment.
The man’s case is not without merit. There is legal precedent in the state that dictates such benefits can only be used to calculate child support payments if the parent receiving them is self-employed or the proprietor of an independent business. The man in this case works for a college in Akron. As a result, the man’s attorney argues his client does not qualify under existing law to have this income counted toward his child support payments. Opposing lawyers say the man’s involvement at the school, including a position on the board of directors, puts the man in a different category.
Additionally, the man is fighting to reduce his $2,198 monthly child support payment, arguing that a reduction in gross income is making it difficult to pay this bill. The man’s annual income dropped by about half, he said, thanks to an academic restructuring effort designed to save the college money. Instead of his previous $143,000 annual salary, the man is now making just $75,000 per year.
Lower court justices in the case contend that corporate benefits are applied to child support calculations for executives at successful companies. They say this man’s situation is no different. A decision in this case is expected by the end of 2013.
If you are facing child support calculation difficulties, you do not need to suffer alone. Whether you are not receiving the correct amount or you believe your payments are unfairly high, you could benefit from the representation of a qualified family attorney. These professionals can help you learn more about your legal and financial rights.
Source:
www.dispatch.com, “Dad doesn’t want his perks to count in calculating child support” Catherine Candisky, Jun. 12, 2013