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    LoVeLy_Mz_LiLa Posts: 1, Reputation: 1
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    May 18, 2013, 11:26 AM
    401k countable for child support in MA
    I live in Massachusetts and I wanted to know if 401K & Café 125 is still considered countable for gross income if your paying child support. Here's an example of the case...

    Court order states other parent shall pay 20% of any gross income that he earn for that year in excess of $35,000.

    Now lets say he made $40,000 which is $5000 over & 20% of that is $1000.

    OK, now lets say he has 401K & Other Café 125...

    So he makes $40,000/yr minus $1000 for 401K & minus $2000 for Other Cafe125 & so the reported W-2 wages would be $37,000.

    Now the actual question I'm asking is the $37,000 is now the gross income?
    So the excess for the year would be $2000 & 20% of that is $400.

    Is this correct?

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