In a decision published earlier this month, the Rhode Island Supreme Court has unanimously overturned a lower court's ruling concerning child support, saying that a parent's entire income should be used to determine child support, not just what is taxed by the Internal Revenue Service.
The Court decided that Family Court General Magistrate John J. O'Brien, Jr. erred when he excluded military entitlements and bonuses and rental income when calculating how much a father owes the mother of the 5-year-old he fathered in an extramarital affair. Furthermore, the Court condemned O'Brien's conduct in the matter because he conducted many off-the-record conferences "leading to a confusing and incomplete record" and made improper comments regarding the mother's daycare provider and her immigration status. O'Brien wouldn't allow her to testify and told the father he wouldn't be made to pay for childcare there after he alleged the provider was paid under the table and not reporting her income to the IRS.
"We know of no law or court rule that requires a witness to prove his or her legal status or compliance with federal tax laws as a condition precedent to testifying in our courts," the Court wrote.
In North Carolina, a person's entire gross income is used to calculate child support, not just the taxable income. A child support attorney with the Mecklenberg County Law Offices of David P. Sheehan, PLLC can help you navigate the often murky waters of determining child support figures. Contact our office at (704) 332-5858 for a consultation.
