ILNews

401(k) contributions are income for child support calculation

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage may be included as income for purposes as determining child support.

Alexander Nikolayev, who earned more than $100,000 a year at his job with Eli Lilly & Co., appealed Marion Superior Judge Cynthia Ayres decision to include his voluntary 401(k) contributions to calculate his child support obligation for his one minor son. Alexander Nikolayev and his wife Natalia divorced, with his wife claiming that Alexander Nikolayev held tight control over the family’s finances and did not increase their spending on items even as his salary increased during their marriage. Instead, he used the extra money to contribute more than $1,700 a month to his 401(k) account.

“It is true, as Alexander argues, that the guidelines and Indiana Code 31-16-6-1(a) consider the standard of living the child would have enjoyed if the marriage had not been dissolved,” Judge Rudy Pyle III wrote in Alexander Nikolayev v. Natalia Nikolayev, 49A05-1207-DR-372. “However, that standard is measured by the parent’s weekly gross income for purposes of determining child support, and it is not the parent’s prerogative to decrease the amount of weekly gross income for determining child support by his decision to invest part of the income.

“In short, the trial court did not err in ordering that the entire amount of Alexander’s salary and regular bonuses be treated as weekly gross income for purposes of determining his child support obligation.”

The judges also upheld the value the trial court placed on the household goods and personal property Natalia Nikolayev purchased after moving out but before her divorce was final. Alexander Nikolayev’s failure to comply with Appellate Rule 31 on this issue results in a waiver of a challenge to the findings on appeal.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

ADVERTISEMENT