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401(k) contributions are income for child support calculation

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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.

 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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