Over time pay
Do you think that overtime should count in the calculation of CS for an hourly employee? So if one parent is salary and the other parent is hourly should the courts just use the hourly employees base pay verse their pay with overtime as that can vary.
- Sweet T's blog
- Log in or register to post comments
Comments
If overtime (or per session
If overtime (or per session pay) is included when figuring the CP's salary, then it should be used on both sides.
I don’t think that anything
I don’t think that anything over 40 hours should be calculated into CS or Spousal support. If a person chooses to work over 40 hours then they should be able to say what happens to their OT money.
I totally agree. This would
I totally agree. This would include second jobs as well. I don't think someone should work hard to offset child support or spousal support and then have that counted too. This would mean they would submit pay stubs rather than w2s which is allowed in my state.
As others stated: it depends
As others stated: it depends on frequency and sustainable pay.
I think her point is, income
I think her point is, income can fluctuate w/overtime and bonuses, but your base CS that you pay doesn't get recalculated that frequently, so you could end up paying based on the most you ever make rather than the average. It's a puzzle, because I totally see your point about standard bonuses that are built-in to the compensation package...I think I'm fine with the average overtime over 2-3 years being calculated.
My bonus at work is based on
My bonus at work is based on company performance in a variety of areas. In the last 15 years, I have had gotten zero payout and I have gotten a 15% payout (of my salary). It isn't predictable or necessarily regular. I think it would kind of depend upon the materiality of the bonus/overtime and the guarantee nature of it.
The problem with bonuses is
The problem with bonuses is that they can vary widely from year to year. At my last company one division's employees got a $15,000 bonus one year - but only got $750 the next year.
Judges will do backflips to keep from reducing CS. So if CS gets set based on a $15,000 bonus that goes away - the NCP can end up really hurting. It's much easier to up CS rather than to reduce it.
I don't think overtime should
I don't think overtime should be counted but I know in our state it is included most of the time.
So here is my deal, when we
So here is my deal, when we divorced my ex refused, pitched a fit to use his w-2 for calculating CS.... Bare in mind we both werer hourly and had overtime pay. In order to get him to quit dragging the divorce out I let them calculate with my w-2 overtime and all and just his hourly wage x 40hrs... BTW I have always made more money than him. Then he pitched a fit and I agreed to another 70.00 less just to get him to be done withit... and then stupidly I agreed not to have the state enforce it and let him pay me.
Well thing have gotten nasty over the years and insurance sky rocketed and I ended up paying my lawyer to ask for a review, he demanded my tax records for his own review of the lawyers calculation ( no lawyer that I know of at this point) and then refused to agree to it, So I filed with the state so they will manage it going forward. He will not return the the caseworkers calls, quit paying me and his employer has not handled the order either so now I am getting nothing from him. We go to court next month so I am pretty sure something will happen eventally.
The thing that frustrates me is I am being forced to work 52 hrs weeks right now and probably more ( Anything over 40 happens after BS goes to bed) and I know he will insist on using that information and not extend me the same that I extended him. Even based on that he owes me 250.00 more a month than what he used to pay me before he stopped.
Not all of us are money grubbing BM's at this point it has cost me 2K in lawyer'
s fees to have it drag on now since September and then for him to stop paying me period.
I think your lawyer may be
I think your lawyer may be able to make a case that you had to increase hours because of his non-payment and that it was only a temporary thing until he started paying you.
It would be nice but they
It would be nice but they have both our hours and income based on the payroll quarters. My company is totally responsible for all the orders I have to work.
Thanks another step. Trust me
Thanks another step. Trust me I am done being nice. He wants more time too and demanded a crazy schedule. The issue is he lives over an hour away now and can barely make it here on time twice a month to get him. Just 2 weeks ago he was too tired to attend school conferences ( trust me it was a blessing). Boo fricken whoo, he worked 12 hrs the day before. I am going on 14 today and I was home by 4:15 ( my overtime happens after bed time mainly) made a beautiful chicken dinner and spent time with BS. I have MS as well and have felt crappy for days but it doesn't stop me from being a parent.
I just want the hearing part to be over. I hate conflict so this type of situation is difficult. Two days afterwards BS is going on vacation for a week in Florida with the ex and his new wife. Hopefully the ex will not feel the need to share any of this with our 9 year old.
Well the best thing is they
Well the best thing is they will be with his wife and FIL so he will be on his good behavior. I am sure he will take the opportunity to share some of his thoughts.
In my state, only over-time
In my state, only over-time that is required by the employer is counted as income when considering child support. Second jobs are not counted.
This is a good thing for my DH. When he was first divorced child support and alimony took over half of his take home pay. He had to volunteer to work over-time to support himself. We have friends who are working over-time or second jobs in order to meet their child support/alimony payments and still have enough to support themselves.
I think if the NCP is doing a
I think if the NCP is doing a lot for the kids, than their overtime pay should be theirs to keep. But if they're like a lot of the deadbeat NCPs out there, they should have that overtime included in the child support - only because they're likely already dodging responsibility in every other way they should have to be made to "make up for it" so to speak. But if they're doing a lot for their kids, than yeah, they should get to keep their overtime pay to treat themselves a little
All good parents deserve that.
I am the one with the 12 hrs
I am the one with the 12 hrs of overtime a week and I am the custodial parent :). at this point I am fine using my overtime I would just like the money he used to pay, not to mention based on both our incomes I am entitled to 250.00 more a month.
He has never had to pay a medical bill other than 61.00 for his share of BS's glasses and 20 bucks 2 years agp for the dentist. I don't have them factor the non school day daycare which is around 500.00 a year or more either. I buy all the clothes, RX's heck he won't even buy cough syrup and he works for a pharmacy organization. He keeps the bottle I send every time the kid is sick and there for the weekend.
so glad I live where I
so glad I live where I live...
Normal hours is 45 per week over here, anything above that is over time.... CS etc calculated on the 45 hours per week only, and what's really nice about it all... you can ask the company not to pay out your over time you would rather take the hours leave....
Nope. Overtime, bonus ect
Nope. Overtime, bonus ect should never ever be added up to cs. Nor should veterans disability benefits, ssi, ssdi. Funny how it is not used for the CP.
Taking it one step further. Child support should be calculated (if given) at earnings when divorced was finalized PERIOD. STOP the every 3 year or 20 percent joke. If bm and dads never married calculate at cs request and be done with it.
Modifications in child support to swing UP because Mom OR dad climbs corporate ladder, receives overtime or bonuses should never be allowed OR calculations for overnights into amount. Hence a skyrocketing in pathogenic parenting. Bull crap "it's for the kids"...no it is not. NCP should be allowed to decide where his/her money goes. Should ncp be an ass and refuse to contribute, than slap an across the board monitory cs order based on tax bracket.
Child support match game to Title 4D funding must end and a lot of family court shenanigans will end too.
JMO based on watching this for the past 20 plus years now. Its an atrocity.
In my case the driving factor
In my case the driving factor for me asking for a review is health insurance costs. It went from cost 480 a year for BS's health insurance to almost 4K a year. I have sucked it up for 2 years and never passed on any medical bills because I made sure that I filled my very expensive MS drug first making sure it was my medical expenses that hit the deductible.
Bottom line is things change over time and need to be looked at from time to time. I made more money than him when we divorced and I still do.