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  1. #1
    justme2001 is offline Member
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    Is support caculated on base salary???

    What is the name of your state? NY

    My husband believes child support is caculated on his base salary and all the overtime he gets - which is reported to the gov.- is his. I thought it was based on what is reported to the gov on his return?

    Which is correctt?

    Thanks!
  2. #2
    fairisfair is offline Senior Member
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    Huh???????????????????
  3. #3
    justme2001 is offline Member
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    When doing the caculation to find out what amount child support will be I thought we had to start with the gross income on our tax returns and go from there.

    So his tax return says 61,000 gross but he says he makes only makes 52,000. per year - The other 9,000 is from overtime which is not part of his salary and therefor my daughter is not entitled to any of it.

    True or false?
  4. #4
    BL
    BL is offline Senior Member
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    Quote Originally Posted by justme2001 View Post
    When doing the caculation to find out what amount child support will be I thought we had to start with the gross income on our tax returns and go from there.

    So his tax return says 61,000 gross but he says he makes only makes 52,000. per year - The other 9,000 is from overtime which is not part of his salary and therefor my daughter is not entitled to any of it.

    True or false?

    Just because he gets a slight increase , etc. doesn't mean you're entitled to more CS .

    Quit being picky or the judge will slam you .

    If he wishes to spend some of the bonus on " the children " , so be it .
  5. #5
    fairisfair is offline Senior Member
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    according to what I found, New york is based on the gross income from tax return.

    [url]http://www.divorcenet.com/states/new_york/new_york_child_support[/url]
  6. #6
    MrsK is offline Senior Member
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    Although you may check the laws- some states allow for OT to be kept from calculations of child support if you have a subsequent family and can show you are using the money to support said family.
  7. #7
    fairisfair is offline Senior Member
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    Total Income:
    FCA § 413(1)(b)(5)(i)
    “.... gross (total) income as should have been or should be reported in the most
    recent federal tax return...
  8. #8
    LdiJ is offline Senior Member
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    It sounds to me like this is a newly being done divorce....therefore I suspect that the overtime will be included in the calculation if it goes in front of a judge....particularly with what fairisfair found.
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    It sounds to me like this is a newly being done divorce....therefore I suspect that the overtime will be included in the calculation if it goes in front of a judge....particularly with what fairisfair found.
    Fair is excellent at research. It really is good to provide a link, a cite, a quote.
  10. #10
    LdiJ is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    Fair is excellent at research. It really is good to provide a link, a cite, a quote.
    and its wonderful when someone has the time to do that kind of research.....or to sort through google lists to provides cites or links for info that is already known. Fairisfair is great in that respect. What is even more amazing, is unlike previous regulars on this issue, her research is ALWAYS on point. She is, as you said, a "godess" when it comes to research.
  11. #11
    StampGirl is offline Senior Member
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    In CA, if you can show that the overtime is mandatory and/or consistent they will use it. I pulled W-2's from the 10yrs we were married and showed that he never ever made his base salary but doubled if not tripled it every year in overtime. His was mandatory though. So they are now counting it.

    I think it depends on the state and a case by case evaluation.
  12. #12
    Silverplum is offline Senior Member
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    Quote Originally Posted by StampGirl View Post
    In CA, if you can show that the overtime is mandatory and/or consistent they will use it. I pulled W-2's from the 10yrs we were married and showed that he never ever made his base salary but doubled if not tripled it every year in overtime. His was mandatory though. So they are now counting it.

    I think it depends on the state and a case by case evaluation.
    It's really nice of you to want to help, but each state is calculated differently. So CA and NY actually have nothing in common regarding CS. And there are very, very few case-by-case evaluations, in any state. Usually just goes by the calculator, and that's it.

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