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Do courts factor in overtime when calculating Child Support in NY City?

New York, NY |

I am currently non-exempt and qualify for overtime when there is only a business need, last year I made a significant amount due coworker leaving on maternity leave I was asked to cover for her. The 1st QTR of this year I made some overtime, however it was only for brief time and I have gone back to working normal hours. Now for year 2011 I only made 1,100 in overtime, for 2012 I made 24K in overtime, and YTD, during 1st QTR I made 5K, my base is 66K. Given that the extra hours are not garaunteed what can I show courts to prove this so magistrate uses my base 66K as opposed to my 2012 W2 which shows a huge jump because coworker was on maternity leave. If they use my 2012 W2 to calculate and since I no longer work those hours I will be in a huge deficit, how I prove this in court?

Attorney Answers 3


  1. Court uses last year's income for child support including overtime. If there is a big change, then it may use The current year to date to see if it is different than last year's income. Have an experienced child support lawyer help you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. Overtime does generally count in the calculation of child support, as the court will consider ALL income in the calculation. That said, to avoid assessment of the 2012 income, you're best advised to get a letter from your employer that your overtime in 2013 has been reduced through no fault (or request) of your own. In any event, I highly encourage you to schedule a follow-up consultation with a NYC Child Support attorney.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.


  3. NO I DONT THINK SO. NYS law imposes a lawful obligation for parents to support their children under the age of 21 and calculations for child support are based on income. You made about $90K with overtime last year. The court will likely use that amount to calculate your child support obligation under the law. If next year you turn out making less overtime, you can petition the court for a change of the child support order based on this new income change. You must comply with an order of the court to support the child you created.

    Hire a lawyer to explain in detail your situation.

    www.estrellalawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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