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How do I correct my actual hourly wage and income on a child support calculation?

Lawrenceburg, IN |

I went to court last month and just received court orders. There is an error on my stated income. I make 16.09/hr but the documents calculate my hourly pay at 16.95.
My other concern is I work 40 hrs a week and occasionally work an extra Saturday if it is available. This overtime is not available every week or guaranteed. The court order says I work 40-50 hrs a week, but calculated my average income on 50 hrs for a weekly gross income of $932.
My 2012 W2 shows my gross pay is 35,648.16. I do work some overtime, but not enough to have an "average" weekly income of $932.

Can this be corrected to reflect my actual income? I can submit all my paystubs and W2's to show what I make hourly and how many hours I am actually averaging.

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Attorney answers 3

Posted

All depending on the time frame, you may be able to file a Motion to Correct Error. I would suggest you run a new child support worksheet (online) and see what the difference per week would be. It may not be enough to make much of a difference in the final weekly child support amount. Contact an attorney to see if you can get this taken care of.

This is not legal advice. Legal advice can only be obtained from a lawyer after you have entered into an attorney client relationship. If you would like to discuss your case please contact me at (317) 456-7942.

Asker

Posted

Should I average my income sense Jan 1st, or average the last 3 paychecks or average it off last years W2? What will they be looking at? The difference in support is 190 vs 141 using last years w2. Is that a significant difference?

Posted

Sonya's suggestions are correct, but you also need to determine if you presented sufficient evidence at the hearing. If you did not present your pay -stubs and W2 at the hearing, how was the Court to determine your correct income?

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.

Asker

Posted

No I did not present W2 or paystubs. I was going to court for change of custody. If I did not present either am I unable to correct the error?

Julie Stephens

Julie Stephens

Posted

I wish I could provide a more definitive answer, but it depends. A change in custody normally results also in a change of child support as well. Perhaps a consult with an attorney to review the court order can provide the advice you need.

Posted

I totally agree with my esteemed colleagues, I just want to add that if you cannot do a motion to correct errors you may be able to petition to modify support. Speak with a local attorney first.