Court uses last year's income for child support including overtime. If there is a big change, then it may use The current year to date to see if it is different than last year's income. Have an experienced child support lawyer help you.
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Overtime does generally count in the calculation of child support, as the court will consider ALL income in the calculation. That said, to avoid assessment of the 2012 income, you're best advised to get a letter from your employer that your overtime in 2013 has been reduced through no fault (or request) of your own. In any event, I highly encourage you to schedule a follow-up consultation with a NYC Child Support attorney.
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NO I DONT THINK SO. NYS law imposes a lawful obligation for parents to support their children under the age of 21 and calculations for child support are based on income. You made about $90K with overtime last year. The court will likely use that amount to calculate your child support obligation under the law. If next year you turn out making less overtime, you can petition the court for a change of the child support order based on this new income change. You must comply with an order of the court to support the child you created.
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