How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101552
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Contra Costa County, CA - How is overtime treated when

Customer Question

Contra Costa County, CA - How is overtime treated when calculating child and spousal support? This is for a salaried worker that has regularly worked OT for many years as its normal in their profession as a police officer.
Submitted: 7 months ago.
Category: Family Law
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Regardless if the overtime is regular, or sporadic, the Court should at several years worth of income to figure out the "average" total income with the overtime included. Then, that shall be "plugged into" the child support formula for future child support. The Court has some discretion here as to what years to use (i.e. last 3, last 5, etc).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 7 months ago.
If there is 5+ years of history of overtime verified by W2 and tax returns. Would it be more likely than not the court uses this average vs. using only base salary with no OT included?
Expert:  Ely replied 7 months ago.
Thank you for your follow up.
If there is 5+ years of history of overtime verified by W2 and tax returns. Would it be more likely than not the court uses this average vs. using only base salary with no OT included?
Of course. If there is a 5 year history of overtime, then that OT is going to be calculated as part of the income and its average overall over the last 3-5 years will be projected as the likely income going forward.
OT is income and counts as part of income for child support calculation.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 7 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Related Family Law Questions