How is overtime figured into the caculation of CS (IL). dh on some weeks will get overtime but it is not a weekly occurence. BM will be contacting CS division since she assums dh is being paid more (which he is).
My personal opinion is dh is working overtime just so we can get ahead and bm sits back, does not work and now gets more money....... 1 YEAR AND COUNTING.
My husband had a similar situation and he just decided to stop working it. With the amount he had to be away from us, and factoring in the fact BM was going to get a lot. Of it, it wasn't worth it.
In our state our lawyer told us that it is illegial to calculate it into the CS order BUT Child Support enforcement ALWAYS does. You have to get a lawyer and pay to fight it and of course once the order is in place if the change falls below their min. percentage difference it will not be altered once ordered.
Basically DH was ordered to pay with OT factored it. The lawyer showed that was wrong and we won but the ordered remained the same because while it was a difference of roughly $400 per month it didn't go above the veriance they allow before they will alter it. (I believe we were about $3.00 under)
I will note however that in our state a second income can't be calculated into CS, so if DH were to cut out the overtime and get a second job instead that all his money. In the end, that's what we did because it's just a vicious cycle of not getting to see the kids because your working to pay for the kids...the more you work, the more you pay and the less you see them. Dad's that want to take care of their kids truly get screwed by the system.
None if it is fair. In dh case, overtime has been mandatory and if he refuses, in the recession he stands a chance to lose his job. He worked min. wage jobs for 3 years after being laid off form a job he worked 22 years at. Does anyone know if she goes straight to CS enforcement department can they demand a paycheck stub or does she have to go through an attorney????
I'm not sure what state she's in but in my state you go straigt to CS enforcement and in all states if she is "low income" should she for some reason require an lawyer to get her hands on his money, they will provide one to her.
My personal opinion is dh is
My personal opinion is dh is working overtime just so we can get ahead and bm sits back, does not work and now gets more money....... 1 YEAR AND COUNTING.
My husband had a similar
My husband had a similar situation and he just decided to stop working it. With the amount he had to be away from us, and factoring in the fact BM was going to get a lot. Of it, it wasn't worth it.
In our state our lawyer told
In our state our lawyer told us that it is illegial to calculate it into the CS order BUT Child Support enforcement ALWAYS does. You have to get a lawyer and pay to fight it and of course once the order is in place if the change falls below their min. percentage difference it will not be altered once ordered.
Basically DH was ordered to pay with OT factored it. The lawyer showed that was wrong and we won but the ordered remained the same because while it was a difference of roughly $400 per month it didn't go above the veriance they allow before they will alter it. (I believe we were about $3.00 under)
I will note however that in our state a second income can't be calculated into CS, so if DH were to cut out the overtime and get a second job instead that all his money. In the end, that's what we did because it's just a vicious cycle of not getting to see the kids because your working to pay for the kids...the more you work, the more you pay and the less you see them. Dad's that want to take care of their kids truly get screwed by the system.
None if it is fair. In dh
None if it is fair. In dh case, overtime has been mandatory and if he refuses, in the recession he stands a chance to lose his job. He worked min. wage jobs for 3 years after being laid off form a job he worked 22 years at. Does anyone know if she goes straight to CS enforcement department can they demand a paycheck stub or does she have to go through an attorney????
I'm not sure what state she's
I'm not sure what state she's in but in my state you go straigt to CS enforcement and in all states if she is "low income" should she for some reason require an lawyer to get her hands on his money, they will provide one to her.
thanks smileygirl.... she is
thanks smileygirl.... she is in IL. and yes she falls into the low income status.....