What if my child's parent works overtime? Will overtime be included in child support in Rhode Island?
There is no standard law or rule in Rhode Island (RI) regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island Family Court consistently rules that overtime compensation cannot be used to calculate child support. Please call Rhode Island Child Support Lawyer, David Slepkow 401-437-1100.
Factors considered by Rhode Island Family Court Judges
Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse
What if Overtime is infrequent or Sporadic?
If overtime is infrequent or not typically offered, Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support. Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child.
Are there creative solutions used by judges to settle Rhode island Child Support cases?
At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. That Judge suggested that a third of the overtime be used for child support purposes,1/3 for taxes and 1/3 for the person who worked the overtime. Many Judges in Rhode Island (RI) believe that overtime should always be a factor in determining child support. Often the issue of overtime is negotiated by the Family Law lawyers / Attorneys prior to any formal ruling by the Judge.
Rhode Island Attorney Legal Notice
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice