- May 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Concerns with Child Support and Overtime
My child support was initially based on the overtime I made at work, but unfortunately, we no longer have the same amount of overtime available. This situation has led to financial difficulties as my child support payments are no longer sustainable given our current income. Is this a common issue that others face as well?
## Financial Struggles and Prioritizing Payments
I am dedicated to paying my child support in full each month, but the reality is that I am now unable to cover my other essential bills, which are already minimal. As a result, I am finding it increasingly challenging to meet all of my financial obligations.
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****** just grabbed a
My child support is based on a 75 hour work week including overtime so I pay $500/week for one kid. My employer was sold off in 2022 so I have only been getting 40hrs/week since then because that’s all the new employer will give. I filed for 50-50 custody as soon as my hours were cut in 2022 and got it (despite belligerent opposition from my Ex).Then I filed for a modification in child support asking for the mother to be imputed at minimum wage (she is a college graduate while I just have my GED) and also asking that my wage be calculated based off of 40 hours/week. Free meetings with different attorneys have all led to the same conclusion . My child support will not end because my Ex is jobless & on state aid . But my child support will go down a lot considering that I got 50-50 custody while simultaneously losing OT wages.
Court hearing coming up soon will let you know how it goes !
File for a modification ASAP. You should’ve done so as soon as your income changed. Hopefully you’ll get a sensible judge but you never know. The worst thing that can happen is that they deny the petition and things remain the same.
Overtime shouldn’t be calculated into child support for a variety of reasons, but unfortunately many states still allow the court to do it. It’s one of the areas that desperately needs reform.
The courts approach to equalizing is ridiculous at higher incomes. I can see if one is living in poverty and the other not so there is some sense of balance. But when we’re talking both incomes over 100k and you take my extra money to give more to my already upper middle income ex it’s ridiculous. If the other household can pay for food, shelter, clothing and activities there is no need to equalize with my higher income. That’s the situation I’m in.
Yup that’s the system. Overtime is considered income and if you’re not making it well your SOL because the courts think that’s your “highest earning potential”
File for a modification
Most courts will try to find a way to make you pay more.