Skip to main content

Which action do I need to do to refuse the revision of child support for overtime & bonus pay?

Elgin, IL |

My ex was trying to revise the percentage of his child support for overtime and bonus pay from 28% net income to 19.5% gross income. He claimed that he had to pay the taxes of the overtime after the state of disbursement gave me my portion from his overtime pay. I did deny the request in front of the judge right before we set the prove-up date. Now, his attorney is forcing to me to accept the request. She said she will vacate the prove-up date and bring this issue to the hearing. I am not sure why they want to revise the number. I have two kids age 8 and 5. I am entitled to 28% net of his income including overtime and bonus pay. Is there any way that I can fight back his lawyer in order to leave the number at 28% net?

Attorney Answers 5

  1. Based on your question, I am guessing you do not have an attorney. Hire one now.
    It is hard to say what their reasoning is behind the overtime issue, but an attorney will be able to sort it out for you.

  2. The law is 28% of the net. You should have a lawyer. It makes no sense not to since the other lawyer is trying to take advantage of the fact that you are not represented. This is a bunch of hogwash what the lawyer is telling you.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

  3. The 28% of his net is the statutory amount for two children. It is unclear why his attorney is attempting to deviate from that. You should consult an attorney to find out what the specifics are in your case.

  4. You should have a lawyer.

  5. I agree with everyone in that you should hire a lawyer to help you with this.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics