Skip to main content

Is child support figured on regular pay or does overtime pay or bonuses count too?

Ocean Springs, MS |

My son is paying his girlfriend child support based on a % of his regular pay as stated in legal proceedings. He has been working some overtime and his girlfriend got "wind "of it and now want s a % of that also. Is she entitled to that?

+ Read More

Filed under: Child support
Attorney answers 1


Under the guidelines, child support is based upon "any form of income." Generally, if the non-custodial parent works overtime on a fairly regular basis, the Court will try to come up with the average amount of overtime worked in a pay period to calclulate the adjusted gross income for guideline purposes.

If, however, the non-custodial parent works overtime infrequently and it does not result in a substantial increase in the adjusted gross income, it is unlikely that the Court would use this small and unpredictable increase when setting child support.

Curt Crowley
Offices in Jackson and Biloxi