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?
Criminal Defense Attorney
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.
Offices in Jackson and Biloxi