I already pay 17% of my child support for my son. I work overtime at my job from time to time but it is not guaranteed pay each month. I have a wife and two children I need to support as well. If my child's mother takes me back to court for more money will they look at how much overtime I make and take that into consideration?
Divorce / Separation Lawyer
Overtime is calculated since it is part of year-to-date income and would be considered. The statutory law obligates the Court to include your total gross income to calculate your obligation and permits subtractions for FICA and local tax from the previous year.
However, the Court can consider that you have other financial obligations in its discretion and, more importantly, if the child support you are currently paying was recently calculated, the Court won't change the order that soon.
Contracts / Agreements Lawyer
Yes, the Court considers your total income no matter where, when, or how you earn money.
You would be well-served to discuss your dilemma with a New York domestic relations in a confidential forum as soon as possible.
2 lawyers agree
Family Law Attorney
Yes, all income is included. Even if overtime is not guaranteed, it might be fairly predictable that you will earn a certain amount each year. If you think overtime will dry up, or is too inconsistent, you may be able to show that the court should deviate from the presumptively correct CSSA amount.
This post does not constitute legal advice. It is meant to provide general education in this topic area. Readers are cautioned that they should consult with an attorney for legal advice specific to their issue. This post does not create an attorney-client relationship. The question and response are publicly displayed in this forum and nothing herein is to be deemed confidential. Mr. Green is available in Nassau County for consultation by calling (516) 345-8080 to make an appointment. Office hours are by appointment only.