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

Asked 10 months ago - 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. Roger William Stelk

    Contributor Level 12

    8

    Lawyers agree

    Answered . 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. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  3. Katherine Haskins Becker

    Contributor Level 4

    7

    Lawyers agree

    Answered . 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. Alan James Brinkmeier

    Contributor Level 20

    7

    Lawyers agree

    Answered . You should have a lawyer.

  5. Joseph Pierce O'Brien

    Contributor Level 14

    5

    Lawyers agree

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

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

Get free answers from experienced attorneys.

 

Ask now

26,292 answers this week

2,786 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

26,292 answers this week

2,786 attorneys answering