Determination of parents' monthly net income--Sources of income.

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25-7-6.3. Determination of parents' monthly net income--Sources of income.

The monthly net income of each parent shall be determined by the parent's gross income less allowable deductions, as set forth in this chapter. The monthly gross income of each parent includes amounts received from the following sources:

(1)Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated;

(2)Self-employment income including gain, profit, or loss from a business, farm, or profession;

(3)Periodic payments from pensions or retirement programs, including social security or veteran's benefits, disability payments, or insurance contracts;

(4)Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets;

(5)Gain or loss from the sale, trade, or conversion of capital assets;

(6)Reemployment assistance or unemployment insurance benefits;

(7)Worker's compensation benefits; and

(8)Benefits in lieu of compensation including military pay allowances.

Overtime wages, commissions, and bonuses may be excluded if the compensation is not a regular and recurring source of income for the parent. Income derived from seasonal employment shall be annualized to determine a monthly average income.

Source: SL 1989, ch 220, §3; SL 2001, ch 133, §5; SL 2009, ch 130, §2; SL 2019, ch 216, §29.


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