Rule 30 Loss of support
Rule Text
Loss of support for dependents resulting from death or disability shall be limited to $2,500 per dependent not to exceed $7,500 per victimization.
(a) Surviving Spouse. If the claimant is the surviving spouse with or without a dependent child or children, the Program shall:
(1) Determine the victim's average net weekly income for the three (3) months immediately preceding the crime and multiply by 52, or if the victim was self-employed, the net annual profit for the calendar year immediately preceding the crime, subtracting the tax liability for social security tax, federal income tax, city income tax and local wage taxes to establish the net adjusted profit;
(2) Attribute 80% of the net adjusted profit or income as support to the surviving dependents;
(3) Multiply the net annual loss of support by the number of years of expected support.
(b) Guardian. If the claimant is a guardian of the dependent child or children of the victim, the Program shall:
(1) Determine the victim's net annual income for the twelve (12) months immediately preceding the crime, or if the victim was self-employed, the net annual profit for the calendar year immediately preceding the crime, subtracting the tax liabilities for social security, Federal income tax, city income tax and local wage taxes to establish the net adjusted profit;
(2) Attribute 80% of annual income or the net adjusted profit as support to the surviving dependent or dependents;
(3) Determine the number of years until the dependent or dependents shall attain the age of 18 and could have reasonably expected to be supported by the victim;
(4) Multiply the number of years of expected support by the net annual loss of support; and
(5) Prorate the award among the dependent children.
(c) Principal Supporter. If the victim is or was responsible for the principal support of the claimant the Program shall determine the amount of annual support provided by the victim to the claimant and multiply the net annual amount of support contributed by the victim to the claimant by the number of years during which support could have been expected.
(d) Pensioner. If the victim was a pensioner, the Program shall attribute 80% of all pension income received by the victim as support to the claimant. The claimant must submit documents to show the amount of support received from the pensioner.