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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37766
Experience:  30 years as a family law lawyer .
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i am ordered by the courts to pay alot of money for ...

Customer Question

i am ordered by the courts to pay alot of money for child support based on my salary. However, the courts included my overtime money, which is not guarenteed. they did not base it on my base salary. Are they allowed to do this. what are my rights?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. This is really discretionary territory for the courts. They may have felt that at least at the time of the hearing which granted is a snapshot kind of thing that it was appropriate to count it.

You can certainly file a motion to modify claiming changed circumstances if your overtime decreases over time. They have the right to set it at a given time with the expectation that you will file to modify it if you can show that your income level changes in say six months.

Child support is never intended to be forever, it can get changed as the circumstances change over time. It is almost inevitable that these days people change or loose jobs or overtime goes away. You can certainly file a motion when this occurs and have a good argument..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


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Customer: replied 8 years ago.
Reply toCustomers Post: so in other words they can include money that is not guarenteed
Expert:  RayAnswers replied 8 years ago.
Yes, its case by case but the court must have beleived at least at the time of the hearing that it was appropriate. I can certainly understand that in your mind thye were wrong to do so. You can certainly try and modify if you can show a drop income in the future...


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.