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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Overtime and child support calculations JA: OK. The Family

Customer Question

Overtime and child support calculations
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No but going to court today to get a order for a modification. Just wanted to see what law in il is
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Please give me a bit more information, so we can help you best. Is there anything else important you think the Family Lawyer should know?
Customer: My ex works for usps part time and guaranteed 3 days a week. At the time of child support order March 2015 we didn't have a yearly w-2 from usps so any extra hours he worked he needed to send a check. I received checks here and there but never got a pay stub from him to make sure amount was correct. So now I have his w-2 and his yearly from 2015 would increase my child support over 40%. And he will always have extra hours as full time USPS take vacation around summer and winter.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question about this for us?
Customer: replied 1 year ago.
Can I get a modification based in info above ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if you can show that there has been a significant steady increase in financial resources, this is a legal basis to file a motion to modify support and seek an increase. If he has not been properly including his additional payments based on his overtime and you can show that his hours have increased to full time since the award was issued AND that the overtime is regular and not sporadic, you can use that as the basis for the increase in support and the court can indeed consider that.
Customer: replied 1 year ago.
He isn't full time but has overtime hours in summer and winter and that will never change. As USPS full time employees take vacation during those times.
He has been on work man comp since February and getting 80% of pay and its non taxed. If he gets a settlement do I get a percent of that as well
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you can prove that his hours will never change and they are consistent, then the court still can use that as the change in financial circumstances to increase the support award. You do not get a percentage of his worker's compensation settlement, that is for his injury.
Customer: replied 1 year ago.
It will be consistent every year but not set days for over hours he gets.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is what the court looks at though, they will look at his W-2 for the last 2-3 years to see his consistent annual earnings to determine if an increase is warranted.
Customer: replied 1 year ago.
He just started this job so has one year of w-2s. But the w-2 from 2015 would increase child support over 40%
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is still basis to show that he will be getting an increase in his financial circumstances together with his pay stubs from this year.

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