I am going through a divorce and have a chance to pick up alot of overtime in the coming months, however I am concerned that when I go to court to have my monthly payments figured out that they will include the money I made while working overtime and when the overtime goes away i will still have to pay based on that income. I live in Pa if that helps. Hopefully somebody understands what I mean. Thanks.
2007-02-10 01:02:00 · 12 answers · asked by mike 1 in Family & Relationships ➔ Marriage & Divorce
No it doesn't you should have a set amount of alimony and child support every month.
Oh my bad....i didn't read that right. Yeah they may take it into consideration, but seen as how it's over time, i don't know that they can qualify it as stable income. But it's PA, and they will get your for what they can. I was born and raised in Erie,and saw a lot of crap happen to lots of good people in your situation
2007-02-10 01:05:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It really depends on the case law in your state and how it has been decided in the past. A lawyer can best tell you. For example, in some states overtime will only be factored in to a child support calculation as "income" if the overtime is regular and can be counted on in the future. If, for example, the way the business is run is that there is always overtime available and you have a history of at least 30 hours of overtime every month - it will be counted. However, if your business lost a bunch of employees so there was some overtime available for a month or two until they were able to hire new people - then no it is not counted. If it fluctuates from month to month the court might take an average amount and add it to your income.
Good luck.
2007-02-10 01:58:48 · answer #2 · answered by CV 3 · 0⤊ 0⤋
Depends on how it's set up. If they have it set to take a specific dollar amount (example of $300) then it won't. But if they have it set up to take a percentage (example of 20%) then that percent will be taken from your net income. So any overtime will be included. But I would call the court to verify that information.
2007-02-10 01:30:06 · answer #3 · answered by You Don't Know Me! 4 · 0⤊ 0⤋
don't work any overtime they will use that for setting an amount they will ream you hard,she can even take you back later if she hears your working overtime and have it raised,remember a woman raising the child support is easy a man getting it lowered is very hard
2007-02-12 17:12:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
try messing with this person they call uncle sam. hell yeah it counts
Never work OT get another job they will only garnish from 1 job, and also talk to the judge do not let them make the decisions you have rights open your mouth, and tell them that you are going through it. And trust me this is coming from a woman.. We always win we have the power to make men look like boo boo the fool especially in divorce court.. Question is she working? if not she already won you were the primary income in the family. u might as well get the 2nd job now
2007-02-10 01:09:11 · answer #5 · answered by chocolate 1 · 0⤊ 0⤋
If you have a lawyer your lawyer will have to tell the court that overtime is not guaranteed, and have the court base it upon a 40 hour week.
2007-02-10 01:05:23 · answer #6 · answered by Mary O 6 · 0⤊ 0⤋
In Massachusets the ex got 20% of my Gross pay weekly and 20% of my Gross overtime
2016-05-10 06:42:00 · answer #7 · answered by Rick D 1 · 0⤊ 0⤋
Yes it does, that's why so many men work under the table or have a second job under the table.
They will take 22% of your pay to support you child(ren).
Hope this helps.
2007-02-10 01:07:09 · answer #8 · answered by eyes_of_iceblue 5 · 0⤊ 1⤋
any money you make will get calculated for any future alimony and childsupport you may have to pay .
Unless you get payed under the
'table"
2007-02-10 01:05:47 · answer #9 · answered by silverearth1 7 · 0⤊ 1⤋
Yep, all income is counted. Trust me. I went through this very same thing.
2007-02-10 01:28:06 · answer #10 · answered by Anonymous · 0⤊ 0⤋