April 25, 2014. The child support guidelines were designed for a parent who is employed at a set monthly wage, rather than a self-employed farmer, a realtor, or other contract employee. When a court determines income for child support purposes, it is appropriate to average the income over a several year period due to fluctuations in income.
Oftentimes, individuals who have a fluctuating income are responsible for paying business or farm expenses out of their income. The court will allow reasonable depreciation on farm machinery and assets related to a business. Before allowing a deduction, the court must look at the party’s income under the child support guidelines and determine if a deduction would result in an injustice to the children and be inappropriate under the circumstances. Going a step further, the court also has the discretion to deduct alimony from income for child support purposes. Again, these unknown factors are all in the discretion of the court. Work with your legal counsel to best prepare for how to proceed with your case.
For more information about child support and farm divorce, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.