Do the courts calculate overtime into your child support payments? What other factors do they courts take into consideration?

Asked about 1 year ago - Flushing, NY

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?

Attorney answers (3)

  1. Deborah G. Fiss

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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.

  2. Mark A Green

    Contributor Level 8

    3

    Lawyers agree

    Answered . 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... more
  3. Edwin Drantivy

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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.

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