Legal Question in Family Law in California

When in court the judge said I had to pay a portion of my over tim as part of child support. When I got the final papers that didn't show up. And my employer got and order to pay child support but only of my regular hours not including over-time. Now she wants to go to court to pay more.more. what can I do.


Asked on 5/16/12, 5:48 am

1 Answer from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Normally when a judge sets support it is based on all your income, including overtime. So the amount that the judge ordered your employer to take out of your check took into account the overtime you were working when the order was made. If you are now working a lot more overtime - the judge could increase the amount based on the change of circumstances. On the other hand if your overtime has been cut - it could go down. Either way, all you can do is present yours and her income to the judge. Make sure you are exercising all your visitation, as the percentage of custody is a big factor in determining the amount of child support.

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Answered on 5/16/12, 8:20 am


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