Are Capital Gains Considered Income For Child Support?

capital gains child supportQuestion:

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on,, and, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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