I have a temporary order for child support. If I collect a rent from a property, Will that affect my final child support order?

Q– We are living separately due to a court order stay away order I was given full custody of the kids and a two year stayaway order. I filed for child support. Even though I haven’t filed for divorce a temporary order for child support was given, and soon they will look into what would be the correct child support final order. I’ve been with my spouse for 23 years and married 13 of those years and I’ve collected the rent at another property that is only under his name and one of the tenants continues to give me that rent and the other gives it to him. Since I filed for child support, I’ve been hesitant to continue to collect this rent from this tenant and wanted to know if it would affect my final child support order if I continue to take this rent from said tenant. He used to pay both mortgages the property where the rental income is coming from and the property where I currently live, which is in both our names. He stopped paying the mortgage of that property and I’ve been trying to pay it with that income from the rental. Even though the mortgage is behind, he mentioned at the temporary order case that I collect that rent they told him that was a Supreme Court issue.

A- Yes, rental income is includible as income for support calculation purposes. That said, it’s also generally “net rental income” – i.e., after paying necessary expenses connected with the property. Nevertheless, to what degree it will affect the amount you receive will depend on an analysis of all the factors – particularly how much over the $163k combined parental cap the two of you are. Schedule a consult with a Westchester Family Law attorney for a full assessment.