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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Today I was served with child support papers now 1month old

Customer Question

Hello,
My name is ***** ***** today I was served with child support papers for now now 1month old daughter. Her mother and I are not together, but plan on raising her that way.
My two-part question is as this: I work a commission based job where on the papers I was served asks me "Monthly Income" (not including overtime). Practically all my income is from overtime. I live at my job, but that will soon change when I get custody. To date I have made $92,000 what should I put as my income?
Our child is just not 1 month and a few days old. Her mother has let me keep her over night and when I wanted, but we thought it best to let her staynwoth her mom for the most part. How donI makensure I am not screwed out of havibg just as much time with her as she does in the future?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.
Commissions are considered income and should be factored into the income calculation, unless for example it was a one time bonus not likely to reoccur.

You do not need to add in your overtime - but note that you do receive a great portion of overtime.

Expert:  Samuel II replied 1 year ago.

The bot***** *****ne is the court is going to decide on your income as you present it based on the guidelines. And in that case, you just cannot self impoverish. In other words, what you are capable of earning is going to be estimated by the judge.

Customer: replied 1 year ago.
Our child is just not 1 month and a few days old. Her mother has let me keep her over night and when I wanted, but we thought it best to let her staynwoth her mom for the most part. How donI makensure I am not screwed out of having just as much time with her as she does in the future?
Expert:  Samuel II replied 1 year ago.

You will also want to file for Child Custody/Visitation. You can do that by getting forms from the clerk of the court. The child support and custody/visitation are separate issues.

Expert:  Samuel II replied 1 year ago.

And if you want to be sure you will get your visits, you need to have them court ordered.

Expert:  Samuel II replied 1 year ago.

If you do not want to file the custody/visitation forms on your own, then I suggest you consult with a local attorney to do it for you.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

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