Urgent - Capital Gaims question

[Angie Hills]

Hi all - I have a question about capital gains. We are in the middle of modification of Child support - meeting with both parties this afternoon. My question is -

Does anyone know how capital gains is figured in gross income for child support calculations? It is on the worksheet under Gross income: salary, etc, gifts, etc, capital gains, assests.

I know there is some sort of difference in capital gains in TAX laws and FAMILY Laws - but I can't find anyone to explain the difference. The X sold the house (it was QC to her after the div 3 yrs ago) & Profited $200,000. She will not be taxed on this as capital gains - but the accountant said that she will list it as capital gains on gross income - but doesn't know how its figured.
The scary part is - our ATTY doesn't either!!!! She didn't even have it listed on the worksheet - thank god I'm smart & did some following up myself. I called the office yesterday (this case has been going on for a full year!) and said - hey - I see on this gross income it asks for capital gains & assets - shouldn't this $200,000 she made show up under her gross income - they said "I don't THINK so" - well that's not the answer I want to hear when I'm paying someone 4-5,000 to correct a $30,000 overpayment error (just screwed actually) in the first place. I'm not paying the atty office to think so or don't think so. At least I got them to 'research' - so I called back today to follow up & the sec. said - yes we did find the rules & capital gains should be included. It's not detailed how it's figured - I guess it's up to the Judge!
So - I have contacted 2 CPA's (both said yes - capital gains (even if not taxes as such) and assests should be listed as gross income & contacted about 6 diff atty's & most said - "I don't know" & one said 'yes' - but I've never had to do it - so I don't know the % or whatever. I even called the courthouse & they said - I can't even answer that - I said well if the atty's don't know & you don't know - who does? She said - The Judge! Doesn't look like it's spelled out - is it just his personal opinion & depends on his mood? Also - from my experience w/my X, my husbands X, & many friends X - the poor dads get the bum end of the deal!!!!
Please - desperate for some answers!