Overtime and Child Support

[Confusednlost]

What is the name of your state? CA

Hi everyone. Although im a newb on this forum, i am very well versed with the whole posting etiquette. So before i get flamed, i did a search already on this topic but couldnt find the exact answer to my question.

I know according CA law that overtime does count, BUTi was informed that it only counts if the overtime is consistant where it can almost be viewed as base pay. Is this true? I mean, it does make sense. For example, if you get sporatic overtime may one or two days a month, sometimes 8 days a month; why should it count when even you dont even know when you are going to get overtime?? Please advise. Thanks in advance.

 

[Silverplum]

CA ain't my state and I hear CS is difficult to calculate there, so I won't even guess.

But you could look up casa's posts and she is very well versed in CA family law. Here's a link to her: https://forum.freeadvice.com/member.php?find=lastposter&t=376596

Click on "Find All Posts" to get an overview, and off you go.

Thanks, by the way, for searching first!!!

 

[casa]

What is the name of your state? CA

Hi everyone. Although im a newb on this forum, i am very well versed with the whole posting etiquette. So before i get flamed, i did a search already on this topic but couldnt find the exact answer to my question.

I know according CA law that overtime does count, BUTi was informed that it only counts if the overtime is consistant where it can almost be viewed as base pay. Is this true? I mean, it does make sense. For example, if you get sporatic overtime may one or two days a month, sometimes 8 days a month; why should it count when even you dont even know when you are going to get overtime?? Please advise. Thanks in advance.

Unless you CONSISTENTLY receive overtime, in a pattern/average monthly amount...then No, it shouldn't be included.

How much overtime are we talking here? A substantial amount? CA determines support on an ANNUAL income basis, then splits it into 12 mos. So, the larger question is how much yearly does your overtime contribute?

 

[Confusednlost]

well say for example last year, because of shortages and such, i worked a good amount of OT which amounted to ~40,000 gross. But this year, all the positions are filled and I barely got any OT at all. I realize that the previous year was a substantial amount, but that is not my base pay. Additionally, i did the extra OT so i can pay my child support on time and other bills, school loans, ect. It just doesnt seem fair that i get penalized for working more.

 

[casa]

well say for example last year, because of shortages and such, i worked a good amount of OT which amounted to ~40,000 gross. But this year, all the positions are filled and I barely got any OT at all. I realize that the previous year was a substantial amount, but that is not my base pay. Additionally, i did the extra OT so i can pay my child support on time and other bills, school loans, ect. It just doesnt seem fair that i get penalized for working more.

An income of 40,000 extra is significant. If your earnings are significantly lower due to your employer/position availability, etc., perhaps you should consider asking the Court if it would be appropriate to downward modify your support. It's unlikely to have support lowered, but it does sometimes happen.