Is child support figured on regular pay or does overtime pay or bonuses count too?

Asked over 4 years ago - Ocean Springs, MS

My son is paying his girlfriend child support based on a % of his regular pay as stated in legal proceedings. He has been working some overtime and his girlfriend got "wind "of it and now want s a % of that also. Is she entitled to that?

Attorney answers (1)

  1. Harvey Curtis Crowley

    Contributor Level 10

    Answered . Under the guidelines, child support is based upon "any form of income." Generally, if the non-custodial parent works overtime on a fairly regular basis, the Court will try to come up with the average amount of overtime worked in a pay period to calclulate the adjusted gross income for guideline purposes.

    If, however, the non-custodial parent works overtime infrequently and it does not result in a substantial increase in the adjusted gross income, it is unlikely that the Court would use this small and unpredictable increase when setting child support.

    Curt Crowley
    Offices in Jackson and Biloxi

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

28,703 answers this week

2,992 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,703 answers this week

2,992 attorneys answering