Courts in New York will consider available income through a variety of sources including wage and salary income and other compensation for personal services (for instance, commissions, overtime pay, tips, and bonuses); interest dividends and royalty income; self-employment income; net rental income (rent after subtracting operating expenses and mortgage payments and not including depreciation); and other income received (for example, severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.
New York courts will also likely consider “deferred earnings” to be sources of income for the purpose of establishing the proper amount for the child support payment.
Courts have some discretion in determining whether the value of a gift is considered for child support payments. In several cases, in jurisdictions outside of New York State, courts have found that gifts are considered in calculating child support payments. New York courts may or may not agree with the reasoning in this line of cases. As a general matter, New York courts will consider many different sources of income. For this reason, it is very important to consult an attorney to determine the best course of action in a child support case.