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child suport and overtime

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Brett_25

Junior Member
What is the name of your state?CA
Can child support payments have overtime hours worked included ?I get payed by what jobs i do, not by the hour. Some weeks i make 50 or 60 hours a week in pay and others i make 38 even though im there normally 40 hours.So i get payed (50)hours@$__ per hour..My pay check does not show my hours worked as overtime. Im not sure if i wrote that correctly or not but im sure someone will ask to clarify..lol
 


VeronicaGia

Senior Member
Brett_25 said:
What is the name of your state?CA
Can child support payments have overtime hours worked included ?I get payed by what jobs i do, not by the hour. Some weeks i make 50 or 60 hours a week in pay and others i make 38 even though im there normally 40 hours.So i get payed (50)hours@$__ per hour..My pay check does not show my hours worked as overtime. Im not sure if i wrote that correctly or not but im sure someone will ask to clarify..lol
My husband used to be paid by the job, not the hour. Take your last four paystubs, add them together and divide by four to get an average weekly amount. Or take all of 2004, add it together and divide it by how many weeks have passed already this year to get an average. Make sure the judge (or your attorney) understands you get paid by the job, not by the hour.
 

stepmom65

Member
My 2 cents. We live in California also.

My husband works hourly. He's on a 40-hour work week schedule. Sometimes he has to take his kids to the doctors, therefore working 38 hours that week and sometimes he has to work late on a project, 45 hours that week. the X just asked for a modification in court and our attorney told us that overtime is included in the calculation..... We thought that the increase would be from a 40-hour paycheck...Nope, if he has a history of working overtime, then they calculate that into the formula. Do you think he works over 40 hours anymore???
 

nextwife

Senior Member
Yes, but if some weeks he is under 40 and some over, then what is important is to try to have CS calculated based on the annual average. Because, while some weeks may be 45 hours, some weeks are only 35 hours. And so on. Perhaps last years TOTAL hours divided by 52 weeks?
 

amanning

Member
They figured my child support by my ex-spouses last filed W2.
His total income for the entire year, 25% off the top goes to his two children in TX. Don't know about your state.
 

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