In Las Vegas why did the judge calculate my child support based on past overtime I worked. I do not want to work overtime.

Asked almost 2 years ago - Las Vegas, NV

When married I worked overtime to help support the family and wife at the time through schooling. know my support is based on thirty thousand over my base salary. I now have my kids for half the time and do not wish to work that much in overtime. The overtime is not avalible as it was in the past yet the child support is figured on overtime.

Attorney answers (3)

  1. Jill K. Whitbeck

    Contributor Level 18

    2

    Lawyers agree

    Answered . Judges hear all the time "Well, I earned that much before, but am not going to earn that much this year." They don't believe it until they see it, as folks have trouble living on less money when more money remains available. Regular overtime is part of gross earnings, and if you typically earned it in the past, judges will include it. However, if overtime really is no longer available, or if you are no longer working it to spend more time with your children, just wait three months or so until you have a very clear reduced earnings history and then bring a motion to modify based on changed circumstances. Make sure you run through the math carefully in advance, though, as oftentimes the reduced income doesn't actually change the amount of child support to be paid (depending on former spouse's income, and presumptive maximums). You would do well to consult with an attorney before filing any motion.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Husna F. Alikhan

    Contributor Level 14

    2

    Lawyers agree

    Answered . A Motion to Modify Child Support, substantiated by hard evidence that there has been a change in your financial circumstances, would have to be filed with the court. An updated Financial Disclosure Form, depicting your current budget, coupled with ample supporting documentary evidence reflecting that you do not earn overtime, would also be required to have a realistic chance of having your current child support amount changed. Feel free to contact my office to schedule a consultation.

    Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your... more
  3. Nadin Cutter

    Contributor Level 8

    Answered . If your income changed by 20% or more, you have a much better chance of getting the amount of child support altered. You should definitely consult with an attorney to help you figure this out because even if you are below the 20% threshold, there are other things a crafty attorney can use to get the award changed. Call an attorney now.

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