Monday, July 14, 2014
My ex wants additional child support, saying the gross income from my rental property should be used versus the net....
Q: Is there a rule or law I can point to stating that income from a rental property should be included in the child support calculation only as a net figure after expenses (which in my case is zero), rather than as gross income?
A: This is caselaw driven - one appellate case deciding the issue is Kessler v. Kessler, 47 AD3d 892, 850 NYS2d 596 (2d Dept 2008). That case held gross rental income should have the expenses incurred by that rental (e.g., real estate taxes, insurance, out-of-pocket expenses such as repairs) deducted. -- David Bliven, White Plains Child Support lawyer (www.blivenlaw.net)