Spousal support calculation for Overtime and Witness testimony

[CKennedy]

What is the name of your state (only U.S. law)? California.

I am currently pro-per and a trial is scheduled soon, so these questions are in preparation for it. It may be continued, however I have a two specific areas. My soon to be ex and I have come to an agreement on most of the community property, but we cannot agree on a level of spousal support. I make about $8,000. per month, and there is sometimes the opportunity for overtime. Some months the overtime is 0 and others it could be in the area of $1500-$2000. My ex's attorney has somehow calculated my income based on my pay and leave statements to be $11,000. One, there is no way that it could be that much, so I have no idea how she is calculating it. However, my question is whether the Court will automatically impute overtime income to me, or if the Court might simply say that I am to pay her a certain percentage of my overtime. if it's a certain percentage, is there a usual percent?

The other question is the presentation of evidence, or my ex's testimony. I know that I can call her to the stand (CA law), but I don't know if there's any specific words or phrase I need to state in order to call her to the stand. Under what evidence code or family code (or other code) can I call her to the stand during the presentation of my case in chief?

Thanks everyone.

 

[LdiJ]

What is the name of your state (only U.S. law)? California.

I am currently pro-per and a trial is scheduled soon, so these questions are in preparation for it. It may be continued, however I have a two specific areas. My soon to be ex and I have come to an agreement on most of the community property, but we cannot agree on a level of spousal support. I make about $8,000. per month, and there is sometimes the opportunity for overtime. Some months the overtime is 0 and others it could be in the area of $1500-$2000. My ex's attorney has somehow calculated my income based on my pay and leave statements to be $11,000. One, there is no way that it could be that much, so I have no idea how she is calculating it. However, my question is whether the Court will automatically impute overtime income to me, or if the Court might simply say that I am to pay her a certain percentage of my overtime. if it's a certain percentage, is there a usual percent?

The other question is the presentation of evidence, or my ex's testimony. I know that I can call her to the stand (CA law), but I don't know if there's any specific words or phrase I need to state in order to call her to the stand. Under what evidence code or family code (or other code) can I call her to the stand during the presentation of my case in chief?

Thanks everyone.

Could you be thinking net (after deductions) and the attorney be calculating gross (before deductions)? That doesn't particularly make sense at that income level, but
I could see some component of that involved.

 

[CKennedy]

Could you be thinking net (after deductions) and the attorney be calculating gross (before deductions)? That doesn't particularly make sense at that income level, but
I could see some component of that involved.

Thanks for the reply. No, both are calculated on gross earnings.

 

[LdiJ]

Thanks for the reply. No, both are calculated on gross earnings.

Ok...then take your W2 for last year, take the medicare wages in box 5 and divide those by 12. Does that come closer to your figure, or to the attorney's figure?