Child Support

[1234567]

I'm from Iowa, my husband and I have two children, but he also has one child for whom he pays child support. His ex-wife is trying to get the amount raised. The child support office calculated in all of my husbands overtime, can they do this? That overtime is not garaunteed. By including the overtime they are taking food out of the mouths of my two children. What are their rights!

 

[LadyBlu]

I'm from Iowa, my husband and I have two children, but he also has one child for whom he pays child support. His ex-wife is trying to get the amount raised. The child support office calculated in all of my husbands overtime, can they do this? That overtime is not garaunteed. By including the overtime they are taking food out of the mouths of my two children. What are their rights!

Yes they can and do take overtime into consideration when computing child support. The way the laws are written it is computed by what the parent is *Capable* of making, so if on his IRS returns or W-2's he shows a increase of eaarnings in a year due to overtime they figure he can do that on a regular basis. Same would apply if he was to take a 2nd job, his child is entitled by law to a percentage of his earnings from all work done, or wages earned.

 

[LegalBeagle]

Sometimes you can petition for a deviation from the CSG if the overtime is not guarenteed or you can show that it has not been every week for the last year etc.. This is used for people who have seasonal jobs where their income increases for just a few months a year.