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In the court hearing my gross income was calculated $900 more than my actual gross income due to overtime. Can that be changed?

Cape Coral, FL |

Gross income was calculated by year to date. I had worked some overtime in the past few months. Overtime is not guaranteed or continuous. Because of the wrong calculations I'm paying $1004 monthly in child support. What can I do to get this changed?

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Attorney answers 3


Unfortunately, this happens quite a bit. If you continue to not get overtime, you can wait a few months, then file a Supplemental Petition and attempt to modify the amount of child support you are require to pay based on your new lower net income.



Thank you. If I get a letter from my employer can I file the petition sooner?


If the order was entered in the last 10 days, it may be possible to file a motion for rehearing. I suggest that you retain an attorney to assist you with this.

If it is more than 10 days but less than 30 days, there is the possibility of an appeal, however, it seems very unlikely that an unrepresented person is going to be able to successfully prosecute an appeal, particularly if that person was unable to have the trial court correctly determine income, which would seem to be a much simpler task. Hiring an attorney for an appeal is likely to cost thousands of dollars and probably would not have a great likelihood of success.

If it is more than 30 days, then I would agree with my colleague and wait at least six months and then bring proof on the overtime issue, including having a live witness, such as your direct supervisor or a higher up in your company.

For advice specific to your situation, consult with an experienced family law attorney in your area, bringing a copy of the child support order with you. Many attorneys offer a free initial consultation.

The above post is not intended as specific legal advice, since not all pertinent facts are known to the posting attorney. This answer does not constitute legal advice or create an attorney-client relationship.

Eileen D. Jacobs, Esq.
Office: 2505 W. Virginia Avenue
Tampa, FL 33607
(813) 877-9600
Mailing: P.O. Box 14953
Clearwater, Florida 33766-4953
(727) 787-6595


You can attempt to go back to court and modify the child support amount. You may want to consult with an attorney in your area to discuss the process.

Many great attorneys can be found here on Avvo and offer free consultations. Good luck.

/s/ Ophelia Bernal-Mora, Esquire
Law Office of Ophelia Bernal-Mora, P.A.
37 N. Orange Avenue, Suite 500
Orlando, FL 32801
PH: (407) 354-5223

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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