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Is over time income considered into monthly child support payments?

Houston, TX |

My ex got a higher paying job weeks after child support was set last year and now he works regular over time hours, so much that he is often known for canceling his weekend visits because he needs to fly out of state to work over time. I have seen a few of his pay stubs while at his home helping him clean and seems he's bringing home anywhere from 700-900 weekly from 40 plus hours a week.

He is upset I've filed for a child support review and is actually telling me the child support will be lower then the $420/mo it's been set at because they won't count his over time and on his 40 hours alone after taxes and child support he only brings home $350/week. and that's what the child support will be based on. Will they ignore the extra 400-600/week he brings in from over time hours?

Attorney Answers 4

Posted

Overtime pay is part of your ex's net monthly resources on which child support will be calculated. You're going to have to show a good average over time. Private attorneys are better at handling these situations than the already overworked AG office. I think your ex is just trying to manipulate you. I bet it's not the first time.

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Posted

He's had this job since December 2011 and we won't be going to the AG mediation until January, so I hope a years worth of his hours and over time will be good enough. You're right it's not the first time he's manipulated me. In fact, at our first mediation, once he found out he was suppose to pay $500/mo for support he refused to agree to it. 2 weeks later we went to court for temp. orders and he announced that he had a new job- a lower paying one. His child support then was $420/mo. Then as soon as final orders were set he ran out to get this newer, higher paying job with tons of over time. I know not every time he cancels his visits with our son is for work though. I caught him in a few lies and there's been times he said he was working, but really he was taking trips out of state to hook up with a few different girls. smh.. He's a decent dad - when he doesn't have sex on the brain and isn't trying to scam me and the system out of helping to take full financial responsibility of our son.

Posted

I agree with the other attorney.

Net resources is clearly defined in the TX Family Code - which available to you for free on-line.

I have also addressed in other questions asked on this website & on my blog (www.txfamilylaw4u.blogspot.com) or go to my website (www.familylaw4u.com) and click to my blog. Also, if he is not visiting the child, that can be taked into account regarding setting child support since you have to feed the child more often.

I urge you to immediately retain an attorney because a private attorney will be more aggressive about going after child support than the TX A G office because they are overwhelmed and under-staffed. A private attorney can issue "discovery" on him to get additional information that the TX A G office does not have time to do. So get going - look on this excellent website for an attorney. Most accept payment plans. Good luck!

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Posted

Thanks Fran. If I had money for an attorney I'm sure your site would be great! I am barely making my bills now though and since my son receives medicaid the AG will be involved in any child support matters regardless. In fact when we went to court for custody/support before the lawyers did little with the child support outside of give the AG rep our income records and she decided what was fair and that was that. No sense in me wasting money I don't have for that again.

Posted

Overtime will be considered in calculating the "net resources" of the other party. I suggest finding an attorney in your area to handle this type of modification.

No attorney client-relationship is created by the above communication. You should always consider contacting an attorney with the details of your case in order to receive the most useful and accurate information.

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Posted

His overtime does count when determining child support. The Texas Family Code Section 154.062 entitled Net Resources. You can find Section 154 at http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm. You will see under Section 154.062 (b)(1) that overtime counts. It appears that he is trying to manipulate you into to cancelling the child support review. You should hire your own attorney to advise you on the child support review process and to secure proof of his wages. This will ensure that child support will be appropriately set.

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