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