In the Matter of Maves and Moore, the trial court calculated child support using the father’s Adjusted Gross Income figure from his federal income tax return. On appeal, the New Hampshire Supreme Court overturned the trial court’s use of the Adjusted Gross Income figure, finding “how federal income taxation statutes define income is of little relevance to the interpretation of gross income under the Child Support Guidelines”. In support of its finding, the New Hampshire Supreme Court noted that use of the Adjusted Gross Income is inappropriate as it includes deductions for such things as depreciation, discretionary retirement contributions for the father and his current wife, and non-business related rental property losses that were not necessary for producing income. Accordingly, the Maves decision demonstrates that proper knowledge of how to read a federal income tax return is important in a child support calculation.
If you have any questions regarding the calculation of child support, whether in Massachusetts or New Hampshire, please contact an attorney at Hamblett & Kerrigan to discuss. Let Hamblett & Kerrigan use their experience to your advantage.
Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and has previously served on the Public Education Advisory Panel of the Academy and Professional Development Committee. He is also a founding member of the American Academy for Certified Financial Litigators and a member of the Collaborative Law Alliance of New Hampshire. AV Preeminent Rated by Martindale-Hubbell. Recipient of the 2014 Nationally Ranked Top 10 Attorney Award from the National Academy of Family Law Attorneys (NAFLA). You can reach Attorney Rauseo at email@example.com.