Money & Family Law Sept. 2012
Although this may occur infrequently, there will be occasions when a party legitimately incurs a capital loss in a calendar year without any offsetting capital gain. For Income Tax purposes, that loss would be allowed and income determined accordingly. It appears on a simple reading of the Child Support Guidelines (CSG) that for the determination of income for support purposes, the same loss may not be permitted and the individual’s income may be determined as if the loss did not occur.
This article by Herschel Fogelman appeared in Money & Family Law, Vol. 27. No. 9, September 2012.