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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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