When determining income for support, whether it is child support of alimony or whatever, the Court’s look to all sources of income. You have the normal sources of income which are easily identifiable, such as W-2 type salary, hourly rates etc. Overtime also gets included in income especially if it is a consistent reoccurring overtime that a person gets every week, or month, what have you. Things get a little trickier when the income originates from disability sources or from family members. There’s actually of law out there that says that if you get a consistent payment from a family member, that can possibly be included as income for Court purposes. This Blog is specifically about what is called “in-kind” income. Basically, if you get a car free and clear from your company that you do not have to pay for, the Court most likely will consider that as an income source and put a value on that.
Florida Statute 61.30 allows for Courts to include reimbursed expenses or “in-kind” payments to the extent they reduce living expenses. Courts have also historically required these in-kind payments to have values that are readily calculated and they must be of substantial benefit. The following are examples of in-kind payments or reimbursements that have been included as income: food, household supplies, use of a vehicle provided by an employer, automotive expenses, entertainment expenses, and the value of employer provided housing, (even over-seas housing allowance during deployment).As to employer health insurance contributions, Florida Courts have held that employer contributions and benefits such as health insurance, life insurance, and retirement need not be included as income. The Courts have further expanded that should the contributions be considered, it is err to include in a party’s gross income amounts that the employer contributed to health insurance costs without subtracting a corresponding amount in determining that income.
Basically, you have to be careful. You may think you only make a certain amount of money per month, but it has been my experience that you always end up on paper more than you think. Getting “free” stuff from your job, will not end up being “free” at a child support hearing. Kenny Leigh and Associates is a law firm that exclusively represents men in all areas of family law throughout the State of Florida. For more questions go to divorcemenonly.com.