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Can gifts be considered income for Ca child support purposes?


Can gifts from family members be treated as income for child support services?
The law is ever changing and it is important to be familiar with the changes in
the law as they can dramatically effect the outcome of your case. I. 2009, the
Ca appellate court in a case referred to as IRMO Alter. In Alter, Husband was
receiving $4,000 a month from his mother. This gift was consistently given and
was made for a period of time prior to separation. The court fond that the lower
court did not abuse it's discretion in imputing these consistent gifts as income
to Husband. The key here was that the mony received by Husband was not a loan
and that the funds were given during the marriage as opposed to after the
parties had separated. In addition, this could also apply to the payment of
expenses or the receipt of free housing. I am readily familiar with Alter and
the related cases that deal with income utilized to calculate guideline child
support in the state of California. Call me to discuss further a d how to deal
with this issue.

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