I am going through the separation process now. Based on income I have a full time job, and well as a secondary part time job. The part time job is based on a month to month contract. When calculating child support and other things it is my understand that since the part time job is a month to month contract job, and the income cannot be guaranteed that it all could not be counted? Am I correct, and if so how much can be counted.
NOT AN ATTORNEY
My understanding (what we were told) is that yes, it can be counted, although sometimes an amount will be prorated over the year. Most forms of income count when deciding child support and alimony. If you’ve had this part-time income for a couple of months and it can be foreseen that you may have it in the future, it will count…probably as the full amount. If it is a seasonal thing, then they will prorate the amount over the year.
Yes, it will count. One-time payments are not counted, such as personal injury awards, etc. However, earned income will count and if it’s a commission job, it will be averaged. A job that is just seasonal, as Athos mentioned, will be prorated over 12 months.
Here is how it works. You are the man so ALL income will be counted. They counted my tuition reimbursement which by NC’s own law states, imputed income has to help with the cost of living expenses. Tuition is paid out of pocket and reimbursed AFTER I have passed the class. My ex wife on the other hand worked a 2nd job for over a year earning nearly 8K and this amount was NOT counted because she said she worked the job to pay off legal debt. This was after she told the judge she paid her legal debt with the 35K in 401K money I gave her. She was also credited with day care costs that she claims she pays to my daughter. No proof needed. No receipts, just her word. I have never seen such a thing where a judge is so obviously slanted towards one party. I spent nearly 4K this yr in plane fare to visit with my child and the judge would not give me even a small credit because the move was voluntary and had nothing to do with my kids so the judge says. My ex plans to move back to MA (where I am), I remarried, and my job offered a transfer. So in a nutshell…One of three of my kids ages out and my CS goes up by 100 bucks! with that, they still asked to deviate from the guideline for more! I pay 1208 in CS and 600 in Alimony and I have never been late or in arrears yet the court still makes you feel like a deadbeat because you can’t always help out with the extras. The family court system is a woman’s world filled with greedy women and biased judges. I was also pro se so I am sure that was held against me as well. If I sound bitter, it is because I am. I just anted to give you information from someone who has been dealing that court since 2008. Good luck!