When the worksheet asks for monthly gross income, should I just use my rate of pay x 40 hours x 4 weeks? I randomly receive overtime & my last two checks have overtime pay. If they add up those pay stubs, it will reflect a larger gross than I typically earn. Do they calculate in overtime pay or just straight pay?? They are requesting the last 2 months of pay stubs. 2 of them include overtime and 2 do not. Do they still calculate the gross from each pay period regardless of overtime pay or will they deduct the overtime & calculate only straight pay? I am filing for modification and want to be sure that I fill out the forms correctly.
You should include what your average income is. For example If you earned an additional 4k in overtime last year, and anticipate it will be close to that amount this year, you would add an additional $333 to your monthly income.
Thank you. I really have no idea when or if I’ll get overtime or how much it will be. It’s completely random. Last year reflects more overtime than I expect to earn this year, but I can’t say for sure. Another question, when figuring the amount, will the judge take into consideration what it costs me to visit my son since he lives in another state? I’ve not been able to see him very often due to money issues, and I really want to visit him more often.
The judge should consider your travel expenses and you should ask that those expenses be placed in the calculation as “extra-ordinary expenses”.
Is there a mileage allowance or does the judge come up with the amount?
It is up to the judge, but I would suggest you produce receipts showing your actual costs, which these days can easily be more than the standard mileage rate.
I will try, but I haven’t kept any. I don’t have a court date yet, but hopefully I can visit him before we go to court and will be able to get some receipts.
Ok. I have a court date now. I spoke to a lawyer, but there is no way I can afford one, so I guess I’m on my own. Just a shot in the dark, but would the judge take into account that I live with my fiancee & her two children when figuring my support amount?
No, only the incomes of the parents, and the health insurance and day care costs of the child for whom support is being determined are considered.