Overtime and child support

Sorry I hit the wrong button and reported instead of replying to this post. My bad.

I was under the assumption that child support was only calculated based on base pay, and not overtime pay. I'm going through a divorce myself, so I will let you know how things work here in CO.

I am presuming the questioner is based in the USA. I believe the situation may vary by state, which has not been mentioned. For example in Georgia, if you receive overtime pay, even sporadically, it will be included in your income for purposes of a child support calculation. The Georgia child support guidelines require that all income, of any kind, and from any source is included in a child support calculation. A letter from an employer (or similar evidence) stating that overtime is not guaranteed will not exclude overtime pay from your gross income for purposes of child support. Georgia Supreme Court also The courts have discretion to average overtime payments over a reasonable period of time. This discretion is intended to avoid an inequitable outcome that could otherwise result when a parent periodically receives substantial amounts of sporadic overtime pay.

If your state has similar provisions, be prepared to demonstrate to the court that your overtime pay should be averaged over an appropriate period of time, such that your income will not be appear exaggerated in light of your typical earnings. My advice is, consult a lawyer or local separated-parents support group.

That should be "The Georgia Supreme Court has given lower courts discretion to average overtime payments over a reasonable period of time."

This is a little confusing. Speaking from seven year old experience in NM, the amount of support ordered is determined by the court, not the child support office, whatever it is called in your state. Income is only one of the factors considered by the court, but the amount is determined by the court.

Now, as a matter of routine, the order is forwarded to the support office, which garnishees the wages. All that support office can do is determine the amount garnisheed and has nothing to do with the amount ordered. Speaking again of NM, the maximum amount allowed is 50%. It is entirely possible that the amount garnisheed is rather less than 50% of wages less mandatory deductions, so the entire calculation could become moot.

Thanks for the responses First off I live in California. overtime has to be counted and since my overtime is so unpredictable the calculations where based on my previous years earnings. To put it in to perspective . 2012 I grossed $64,000 with 1,000 hrs of overtime then in 2013 I grossed $47,000 with only 400 hrs. overtime (2013 earnings are the numbers being used this year) a difference of nearly $17,000 and 600 hrs. less of worked over time in 1 year. this is not uncommon in my profession to see these differences. What happens if I don't get the same amount of overtime this year as I did last year? Or worse I get more this year and child support payments get recalculated next year and I end up having a bad year next year? Its a viscous cycle I see no end too. It is impossible to predict my overtime year to year no matter what way its looked at. I have no problem paying what is owed and what is fair. The child support office told me if my employer does not provide the overtime I still have to pay. Where is the logic? I'm not going to be able to keep a job I have worked very hard for. I would like to just pay one payment per month based on my base salary and a percentage of overtime worked at the end of every year. That is what would be fair. Can I request something like that to a judge?

Thanks for the responses First off I live in California. overtime has to be counted and since my overtime is so unpredictable the calculations where based on my previous years earnings. To put it in to perspective . 2012 I grossed $64,000 with 1,000 hrs of overtime then in 2013 I grossed $47,000 with only 400 hrs. overtime (2013 earnings are the numbers being used this year) a difference of nearly $17,000 and 600 hrs. less of worked over time in 1 year. this is not uncommon in my profession to see these differences. What happens if I don't get the same amount of overtime this year as I did last year? Or worse I get more this year and child support payments get recalculated next year and I end up having a bad year next year? Its a viscous cycle I see no end too. It is impossible to predict my overtime year to year no matter what way its looked at. I have no problem paying what is owed and what is fair. The child support office told me if my employer does not provide the overtime I still have to pay. Where is the logic? I'm not going to be able to keep a job I have worked very hard for. I would like to just pay one payment per month based on my base salary and a percentage of overtime worked at the end of every year. That is what would be fair. Can I request something like that to a judge


URL: http://able2know.org/topic/242324-1#post-5644789

Correction That $64,000 is what I grossed after I worked 1000 hrs. of overtime. Same for the following year $47,000 is what i grossed after working 400 hrs. overtime. i