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What income exactly is my child support based off of?

Scottsdale, AZ |

From what I have heard from others who pay child support, the courts can only go by what I make hourly for 40 hours. I do usually make overtime but it is not the same every week and it is not guarenteed. According to the Affidavit of Financial Information that I am supposed to fill out for the child support worksheet though it asks for me to list all of my income including things such as bonuses and tips, and income that I make that varies by month should be averaged.

Which information is correct? I dont believe it is far to base child support off of income that is not going to always be there. I am in construction and especially when work slows down, there will not be that overtime but my child support may still be based on what I was making when I was receiving the overtime?

Attorney Answers 1


Below is a link to the AZ Child Support Calculator, which you can use to get an idea of what sources of income are included and what your obligation would be. You can enter in your income as yearly to take into consideration seasonal swings in income. As for your AFI, you can include pay statements that show such discrepancy between seasons, and include your annual income or average monthly.

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Thank you. My ex and I have been using the calculator on the maricopa court website up until now for our court hearings and it is imputted as monthly. I could use the one you attached but my concern again is that again, overtime is not guarenteed and my yearly pay differes from year to year so am I supposed to go back every year to refigure child support? That seems like a lot of work. Also my ex gets bonuses from being a general manager and she wouldnt know how much those are ahead of time. She is very manipulative and I can see her not being honest about what she makes in addition to her hourly and I dont want to have to pay more just because I am being honest especially when Im taking a gamble on putting down my overtime when its not always guarenteed.

Jeff Adrian Biddle

Jeff Adrian Biddle


In answer to this question, the Guidelines make clear that “[g]enerally, the court should not attribute income greater than what would have been earned from full-time employment.” The idea seems to be then that each parent should have the choice of working additional hours through overtime or at a second job without increasing the child support award. However, as explained below, sometimes this is not the case. An argument for attributing overtime and second job income into a parties gross total is that if that or those overtime and/or second job income is or has been historically earned from a regular schedule and is anticipated to continue much the same in the future, then the Court may consider those amounts as actual income earned even though the adjusted amount would be greater than would have been earned by standard full time employment. I recommend that you meet with an experienced family law attorney, as you may be able to better present reasons to the court why a standard income figure should not be increased to include monies received from overtime.



ok thank you for all of your help and advice.

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