Do Monetary Gifts Count As Income For Child Support?

Question:

Do child support laws outline what funds are to be used to pay child support?

My brother is extremely wealthy and has been giving me several thousand dollars a month because I am unemployed.

My soon-to-be-ex-wife is threatening to make me brother pay for my child support obligations since I am broke without him giving me money. Can she do that?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though my knowledge is based on Michigan child support laws where I am licensed to practice.

To answer your question, no the court can not require your brother to pay your child support obligation; however, the gifts of money you are receiving from your brother could be considered as income when calculating child support.

Where I practice, under the Michigan Child Support Formula, income can include gifts such as money, food, shelter, transportation, or other goods or services that a parent receives if it is significant and regular.

From the facts that you have provided, it seems that your brother is providing you with regular gifts of money, and under Michigan law this could be taken into consideration when determining child support. Overall, this would greatly increase your income and therefore your child support obligation.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kathryn Carruthers, an associate attorney in the Michigan offices, contact Cordell & Cordell.