Question:
My overtime was not included in my original child support calculation, though I know it could have been. Even so, I am still struggling to keep up with the child support amount set.
Will my overtime pay be considered this time if I file for a modification of child support?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child support laws where I am licensed to practice.
To be eligible to receive a modification of child support there must be a substantial change to one parent’s financial status (typically 10% or greater) or a change in the needs of the child.
If this burden is met, child support will be recalculated under your state’s child support guidelines. According to my state’s child support laws, both parties’ entire gross monthly income may be included in computation of child support, which includes overtime.
Many people have their overtime included in the calculation of the child support regardless of the reason for the overtime. If you request a modification of child support, then you will definitely run the risk of having overtime wages included in the child support worksheet.
A party can always present the argument that said overtime cannot be maintained. However, the inclusion of that income will be within the judge’s discretion.
Divorce Resources:
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.
