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How is income determined for child support review? He worked overtime - now he doesn't will the amount reflect past overtime?

Whitewater, WI |

I filed for a review of the child support - hoping to get more child support each month. He made $1300/week but only because he was working excessive overtime at the time. Recently he has been just working normal working hours - now he gets $500 per week. The current support order has him paying $350 a month. Will the court base the child support on his year to date income (reflecting the overtime money) or will they go on the last couple of pay stubs - reflecting the $500/week?

Attorney Answers 2

  1. it is up to the court though they usually use year to date numbers.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

  2. Usually the court will use an annual average. Generally by using the year to date figure, then calculating it on a yearly basis. However, if the overtime was a short term arrangement, and will not be repeated, the court may not count the full amount.

    This submission is not, nor is it intended as, legal advice. You should consult a lawyer to address your legal issue.

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