Can overtime be included in child support even though it is not guaranteed every month?

Asked about 6 years ago - Galesburg, IL

My husband's ex (they were never married) petitioned for more child support and our lawyer told us that his overtime will be included in the child support even though it's not guaranteed overtime every month. Why is this?

Attorney answers (1)

  1. Answered . Illinois Statutes define income as money received from all sources -- that includes overtime and bonuses. You might make the argument that the court should look at a historical average (last three years of taxes) or you are allowed to introduce evidence that a court should deviate from the statutory guidelines. This might mean that the husband's employer might have to testify as to business conditions and the availablity of work. This is not as simple and quick of an answer as it seems -- please hire an experienced family law professional in your area.

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