Advertisements
My wife and I recently adopted a sibling group five children from the State of Missouri. Previously, they were with our family for 3 1/2 years as foster children.
I am having my child support reviewed and modified for 2 other children that live outside the home.
The form which Missouri uses to calculate child support states what is considered gross income, and what is excluded, yet there is no specific mention of the adoption subsidy.
Here is the exact wording:
Gross income" includes, but is not limited to, salaries, wages, commissions, dividends, severance pay, pensions, interest, trust income, annuities, partnership distributions, social security benefits, retirement benefits, workers' compensation benefits, unemployment compensation benefits, disability insurance benefits, veterans' disability benefits, and military allowances for subsistence and quarters.
Overtime compensation, bonuses, earnings from secondary employment, recurring capital gains, prizes, retained earnings and significant employment-related benefits may be included, in whole or in part, in "gross income" in appropriate circumstances.
If a parent is unemployed or found to be underemployed, "gross income" may be based on imputed income.
Excluded from "gross income" is temporary assistance for needy families (TANF) payments, Medicaid benefits, supplemental security income (SSI) benefits, food stamps, general assistance benefits, other public assistance benefits having eligibility based on income, and child support received for children not the subject of this proceeding.
The form also has a setting for number of other children in custody. I have my oldest daughter and our 5 adopted children.
I should be able to claim 6 for other children in my custody and not include the adoption subsidy, since that is, technically, a payment made for the adopted children and not counted as income, correct?
If there is some specific federal or state reference to this, I would greatly appreciate that to provide to my attorney.
Like
Share