need some help regarding child support

Holly_1007

DH and BM are in the process of going back to court.  DH initiated it because he wants more time with his daughter and BM constantly denies him more time.  BM is quoted as saying "since we're going back to court anyway I'm taking you to the cleaners, I deserve way more money for having to deal with you".  I printed out the forms online and did the math and I'm pretty sure (due to new laws/ standards etc) that our CS will go up $4 a week.  of course she's going to fight for that $4, not a big deal.  but I think she was anticipating getting much more money out of him. 

Our financial position isn't GREAT.  we don't have any major debt besides our mortgage (which is always paid on time) we don't even own a credit card.  I work part time (maybe 10 hours a week) between my work and DH's work we bring home about $1800 a month.  our bills are $2k a month and that doesn't include gas food etc.  DH works overtime to make up the difference in our budget. 

we're pretty sure BM is going to try to attack his overtime and try to get a percentage of it.  The thing is, he's not working overtime so we can go on lavish vacations and buy brand new cars, he's working overtime so we can pay all our bills on time. 

We're going to end up in front of a judge.  she's dead set on keeping SD away from DH (for completely selfish reasons) do you guys think a judge will order DH to pay a percentage of his overtime in this situation? we have plenty of documentation to prove that we are barely breaking even with DH working overtime.

(and please no flames on the pregnancy, like I said, we make ends meet, we just don't have a ton of money for extra's.  we already have almost everything we need for this baby, I plan to breastfeed and we do not pay for daycare)

Raspberry807

We met with a mediator and she looked at ex's past tax returns compared to the wages on his paystub and decided his overtime was regular and not unusual.  So she included overtime with her calculation of his annual wages.  It may get included.

rjbell08

How frustrating! Have you guys sought any legal advice on this? Because each state has different laws and regulations regarding CS, it is hard to say how they determine what she can get. There is a lot of places that will give you a free legal consultation, which will help answer some questions and won't add to your bills. Sorry that you have to deal with this...hang in there.

Holly_1007

rjbell08:

How frustrating! Have you guys sought any legal advice on this? Because each state has different laws and regulations regarding CS, it is hard to say how they determine what she can get. There is a lot of places that will give you a free legal consultation, which will help answer some questions and won't add to your bills. Sorry that you have to deal with this...hang in there.

yeah we have an attorney, he is a friend of the family so he is working for us really cheap, which is a blessing and a curse.  we don't have the money to pay for a really good attorney, but this guy is putting us on the back burner since he's not getting paid a ton. 

he basically is leaving the CS thing up to the judge. we are going in with a case that its not about the money to us (and at $160 a week we think that should take care of a 5 year olds basic needs) we just want to spend more time with SD and of course BM says no and makes a big stink about the money. 

Guess I was just looking for a little insight if any others know about overtime. 

thanks!

fellesferie

I've never heard of overtime or bonuses being exempt from support obligation calculations. 

Florida handled my court order, so I can only say with certainty what happened there. But we were both required to provide tax forms, pay stubs, and bank statements. We also had to fill out detailed affidavits about assets and liabilities and other monthly expenses. 

hopanka

OT is part of his income, so it very well may be included in the CS calculations.

CurlyQ284

We have to bring pay stubs which would include overtime I would think.  maybe you could bring up the baby on the way? Some states factor other kids into the CS calculation, Im not sure if it doesnt count until they are actually born or how that works but maybe ask your attorney what he thinks?

xmaryrickx

Raspberry807:

We met with a mediator and she looked at ex's past tax returns compared to the wages on his paystub and decided his overtime was regular and not unusual.  So she included overtime with her calculation of his annual wages.  It may get included.

this could very well be the case. It depends on the state/judge/etc.

bebe11

Unless the OT is not reported to the IRS or included on his pay stub, then yes, they will take it into account, as it is income.  They would probably just look at his last few pay stubs and calculate an average income type of thing.

How much extra time is your DH asking for?  If it isn't unreasonalbe, I can't imagine a judge would deny it. GL!

bebe11

Let me add, another thing that could work against you is that your DH does work so much OT and she (BM) can say that if he is always working then when would he have time to spend with SD?  Just a thought.

Holly_1007

bebe11:

Let me add, another thing that could work against you is that your DH does work so much OT and she (BM) can say that if he is always working then when would he have time to spend with SD?  Just a thought.

he works overnights.  so he works when she is sleeping. he sleeps after she goes to bed and before he has to work and usually takes a nap when our two year old naps so that I get one on one time with SD as well... she would be stupid to try to pull that approach since she leaves SD with her husband all the time while she works 2nd shift....

Holly_1007

thank you all for the input. hopefully we can present a good enough case in front of a judge that he will allow DH's overtime to be overlooked.  we already pay $160 a week, which I think is alot, considering I raise my entire family on $100 a week.

Guess we will just have to see

Krisx2

I would check your child support calculation guidelines. In Montana's, any overtime or income from a second job is assumed to be support for DH's other biological children. Since it appears that you have a child together, his OT may not count against him if that provision is in your calculation guidelines. Give a call to your CS enforcement. 

Holly_1007

wendilea:

Krisx2:

I would check your child support calculation guidelines. In Montana's, any overtime or income from a second job is assumed to be support for DH's other biological children. Since it appears that you have a child together, his OT may not count against him if that provision is in your calculation guidelines. Give a call to your CS enforcement. 

This.  In Iowa, OT and second job income do not count towards child support, only the straight pay from the primary job.  Also, typically income would need to change by greater than 10% in order to get CS re-evaluated.  It depends on the state, but it may not be counted.  See if you can find an online calculator for your state.

this is interesting, thank you guys! i did check out the calculator online, since DH's overtime is included in his paychecks it is all one line on the calculator, it does however include "other household income" (which would be my income) so I think they are going to look at all income in our state

DH got a new job, but his income, if anything, decreased.  the guidlines and regulations have changed since the original CO I think that is how she is getting away with filing.  Also she quit her job last year to be a SAHM to her new baby so I guess her income technically decreased as well, even though she got married.

ugh so complicated. thanks again!

Gwenillian

If they look at all income, find out if BM should have an income imputed to her - some states do that for people who are voluntarily un or under employed depending on the placement time, etc... It will generally be at least min wage at 40 hours a week (at least where I live).

Also, if the worksheet includes other household income for you - wouldn't it also count that for her new spouse?