The following is a joint Blog Post prepared by Justin Kelsey, Esq. of Kelsey & Trask, P.C. (co-author of Scaling the Summit: A Family Law Blog ) and Danielle G. Van Ess, Esq. of DGVE law , LLC (author of the Massachusetts, Wills, Trusts, and Estates blog). The Judges in the Probate & Family Court have a lot of discretion to decide what constitutes income when the Court is considering child support or alimony. According to M.G.L. c. 208 s. 34 , the court can consider "amount and sources of income... and the opportunity of each for future acquisition of capital assets and income" when dividing property or awarding alimony. This language obviously leaves a lot of leeway for the court to consider all "sources of income" including potential "future" income. Similarly, the Massachusetts Child Support Guidelines indicate that the court can consider "gross income from whatever source regardless of whether that income is recognized by the I...