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  1. #1
    Join Date
    Nov 2014
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    1

    Default Are Business Remibursements Treated as Income for Child Support

    My question involves child support in the State of: Indiana

    I read reference to but unable to find a judges decision in which expenses paid by a LLC were considered as income.
    This situation is that the office of the LLC is in the father's home.
    The father lives in a 10,000 square foot home with a lien, electric bill more than $1,000, property taxes more than $6,000 but pays only $500 a month.

    Any knowledge of said judgment or any guidance is appreciated.
    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Limited Liability Company Paid Expenses Considered Income for Child Support Incre

    Please refer to the Indiana Rules of Court Child Support Rules and Guidelines under Determination of Child Support Amount. There is a section that addresses Self-Employment, Business Expenses, In-Kind Payments and Related issues.

    http://www.in.gov/judiciary/rules/child_support/

    It that doesn't help, I suggest you consult an attorney.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Limited Liability Company Paid Expenses Considered Income for Child Support Incre

    Quote Quoting masonbrian
    View Post
    My question involves child support in the State of: Indiana

    I read reference to but unable to find a judges decision in which expenses paid by a LLC were considered as income.
    This situation is that the office of the LLC is in the father's home.
    The father lives in a 10,000 square foot home with a lien, electric bill more than $1,000, property taxes more than $6,000 but pays only $500 a month.

    Any knowledge of said judgment or any guidance is appreciated.
    Thank you
    I believe that this section of the guidelines covers your question:

    2. Self‑Employment, Business Expenses, In‑Kind Payments and Related Issues. Weekly Gross Income from self‑employment, operation of a business, rent, and royalties is defined as gross receipts minus ordinary and necessary expenses. In general, these types of income and expenses from self‑employment or operation of a business should be carefully reviewed to restrict the deductions to reasonable out‑of‑pocket expenditures necessary to produce income. These expenditures may include a reasonable yearly deduction for necessary capital expenditures. Weekly Gross Income from self‑employment may differ from a determination of business income for tax purposes.
    - - - Updated - - -

    Quote Quoting llworking
    View Post
    I believe that this section of the guidelines covers your question:
    Of course, that might not have been your question.

    If a LLC is paying personal expenses of the owner of the business, or personal expenses of an employee of the business, then yes, those expenses can be considered to be income for child support purposes.

    For example, if a business supplies a company car that can be used personally, or a company phone, company laptop and internet, provides housing for the employee...etc., those can all be considered to be income for the purposes of child support.

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