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    wcoats's Avatar
    wcoats Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Aug 10, 2014, 07:33 AM
    Is income or dividends from 401k calculated in child support
    Is income from 401k gains or dividends considered income as pertaining to child support
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Aug 10, 2014, 12:20 PM
    In most states any form of income is included in the calculation.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
    		  
    #3

    Aug 11, 2014, 06:53 AM
    I agree with cdad- generally child support guidelines include any source of funds available to the parent .

    http://family.findlaw.com/child-support/child-support-determining-parents-income.html
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Aug 12, 2014, 04:46 AM
    Just to be clear - you ask about "401k gains or dividends," but I think that you meant "401k distributions," correct? If you are not taking distributions from your 401k then you have no income from it, even though the value of the account may be increasing due to gains, dividends, interest etc from the underlying investments in the account. The account itself is considered an asset, and the portion acquired during the marriage is considered a marital asset that normally gets split 50:50 between the two ex-spouses when they divorce.
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