child support and overtime

[nyjjeff]

What is the name of your state? NY
If I am ordered to pay support for my child, can the overtime that I work when he is not with me be figured in if it is not a guarentee? The overtime is available but is not a guarentee. And my other question is can the judge use income that they assume I will make this year when figuring child support orders or should it be based on last years income?

 

[Gracie3787]

What is the name of your state? NY
If I am ordered to pay support for my child, can the overtime that I work when he is not with me be figured in if it is not a guarentee? The overtime is available but is not a guarentee. And my other question is can the judge use income that they assume I will make this year when figuring child support orders or should it be based on last years income?

Typically, overtime is averaged out using the previous 12 months of OT.

If you are not voluntarily underemployed, or unemployed in comparison to last year's income, an income should not be imputed to you.