Are non-recurring capital gains considered income for modifying child support?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips regarding your situation.
Each state has very specific rules on what is considered income available for support. In Wisconsin where I practice law, capital gains are specifically listed in our statutes as income available for support.
However, in a situation where the capital gains are non-recurring, if capital gains were used to calculate child support in a given year, and then there were no capital gains in subsequent years, the person paying support could ask the court for a review of the child support amount once the capital gains are no longer being received.
A domestic litigation attorney in your area can provide you with additional information on how the court in your jurisdiction may treat non-recurring capital gains for purposes of calculating child support.