Legal Question in Family Law in Washington
Child Support Calculation
Can overtime be considered when calculating child support? I get a lot of OT and this has caused me to pay over 2000.00 per month and I don't believe something so variable can be used to determine my obligation. I have since not had any opportunity for overtime, and I have been working 40 hours a week for some time, but continuing to be held responsible for a higher amount based on my income with all the ot included. Can this be changed easily?
1 Answer from Attorneys
Re: Child Support Calculation
To answer your base question, no, this cannot be changed "easily," but to expand, YES, it can be changed. Typically, courts cannot hold you to a workweek in excess of 40 hours per week, especially if the OT if discretionary. I am not sure how your current order was put into place, but I suspect it was through agreement of the parties. Either way, to modify it now, we need to bring an action modify child support based upon a significant change in your economic circumstances.
If you would like to consult about this matter, feel free to get in touch with me and we can set something up.
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