In Pennsylvania, child support is based on an income-driven system. To calculate child support, both parties’ net incomes are obtained and then applied to a guideline. Pursuant to 23 Pa. C.S. §4302, for purposes of child support, "income" includes compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and other similar items. Income also includes income derived from businesses, gains derived from dealings in property, interest, rents, royalties, dividends, annuities and income from life insurance and endowment contracts. The definition contains other sources as well. However, the definition of income for support purposes does not include gifts and loans.
It is not uncommon for family law practitioners handling support matters to be confronted with the issue of a party receiving money from a family member claimed to be a gift or a loan. Though gifts are not included in the definition of income, can they impact a child support calculation? The recent case of Suzanne D. v. Stephen W., 2013 Pa. Super. 93 (April 22, 2013), tackles this question head-on.
