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If the other parent is receiving occasional gifts from a friend or new significant other, is this a basis to reduce or modify child support?

This issue of gifts in calculating child support has been addressed almost a decade ago. However, the recent case of Anna M. v. Jeffrey E. (1-11-17) further solidified that, for gifts to be considered as income they must be frequent and re-occurring. In this case, the father attempted to modify his child support because the mother of his child was receiving occasional gifts from a friend. The court found that the gifts that the mother was receiving from a friend were not a regular/reoccurring monthly benefit. This means that the father would not be able to recalculate his child support obligation.

If you need assistance in determining whether a gift qualifies for a reduction in child support, contact attorney Paul Eads today.

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