With your pending divorce, you may accept the reality that you will be financially independent for the first time in a long time. And so, you may be tempted to take on extra shifts, get a second job, or acquire another income source to help make ends meet. But with the timing of all this, you may worry that these added funds may inflate your monthly future child support obligation. Well, in New York State, child support is generally based on a parent’s gross income, which does not automatically include overtime pay. That said, please continue reading to learn whether overtime pay will be calculated in your order and how an experienced New York City child support attorney at Zimmet Law Group, P.C., can help you prepare the necessary financial evidence for this.
Is overtime pay calculated in a child support order in New York?
According to New York’s Child Support Standards Act (CSSA), a parent’s “gross income” generally includes their hourly wages or annual salary, bonuses, commissions, and, namely, overtime pay. However, to reiterate, this additional pay is not automatically included in the family court’s calculations. Rather, the court first determines whether this overtime pay is regular and reliable or sporadic and unpredictable.
For instance, you may only work overtime in an emergency, in which you must cover a coworker’s shift when your company experiences staffing shortages. Or, your line of work may have seasons of busyness versus normalcy, so you may only work extra hours for specific, short-lived times of the year. If so, the court may decide not to count your overtime pay, as it is unlikely to continue in the long term.
To confirm their decision, the court may request abundant financial and employment documentation. Namely, they may review your pay stubs, employment records, tax returns, etc., from the past multiple years. If they contrastingly discover that your overtime work is consistent, they may proceed with taking the average of these numerous years to come up with your monthly child support obligation.
Can I petition to exclude my overtime work from a child support decision?
In essence, the New York family court considers counting overtime work towards a support order because it believes that a child has the right to benefit from a parent’s full earning capacity. At the same time, though, it considers fairness in the matter at hand. This is to say that you may petition the court to exclude your overtime pay from their calculation if you have reason to believe that it will cause you an undue financial hardship.
That is, you may argue that you are working overtime out of necessity rather than by choice. For example, you may have had to pick up extra work to pay down your medical bills or any other unexpected expenses you incurred recently. But in doing so, you may be compromising your physical health, you may be falling short of your familial responsibilities, and, overall, it may be an unrealistic expectation and long-term solution.
Theoretically, if you work more than 60 hours to 70 hours per week to keep up with temporary, emergency expenses, the court may choose to exclude it from its final order. If you wish to gain more clarity on the situation you are dealing with, the best way to get it is by consulting with one of the skilled New York City matrimonial and family law attorneys. Get in touch with our team at Zimmet Law Group, P.C., today.
