How do I calculate a variable % month to month on an Osler Smith child support payment order?

Asked almost 3 years ago - Hollywood, Los Angeles, CA

My son's father's pay drastically increases month to month (or reduces) due to his voluntary acceptance of overtime pay. That means that the Osler Smith order the court is granting me against him is going to insure I am not cheated out of due child support (since he cut his overtime right before we had our court date to look as though he was a lower income earner than what his history indicates). How do I calculate the amount owed me if the % changes each month? I need to get a VERY specific order on the Osler Smith wording as he will definitely lie in his own accounting he submits to me monthly. Since the % is a variable, the court won't order his employer to do the calculations and it will be up to me.

Attorney answers (2)

  1. Douglas Duncan Durward

    Contributor Level 11

    Answered . Rather than an Ostler-Smith attachment, why not just use an average of his annual income? If you get his W-2 for last year and divide it by 12, it will take into account the overtime he got paid over the course of last year.

  2. Patricia Christine Van Haren

    Contributor Level 13

    Answered . If the court makes an order for the Smith Osler, you can ordinarily attach it to a wage assignment. There is a table which is generally attached to the dissomaster. If the court is not allowing this to be paid via wage assignment, you may wish to retain an attorney to argue this matter appropriately. Further your son's father is required to provide you with his checks so that you may calculate the Smith Osler based on the bonus or overtime table. If he fails to do so, you may be able to file a contempt proceeding against him.

    The response above does not form an attorney-client relationship. This answer may or may not apply to you and... more

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