Child Support and Working Overtime
One question we often get is whether overtime pay gets factored into child support calculations. Sometimes, it can. The Form 14 is a tool used in the state to calculate child support. Form 14’s Directions for Use state that in appropriate circumstances, overtime can be included in a party’s gross income.
So what circumstances qualify as appropriate? If overtime occurs regularly, then it gets factored into gross income. If it happens infrequently or is an isolated event, then it likely does not get figured into anything. However, if overtime is available at a job, and a person often turns it down without a legitimate excuse, then that increases the possibility of overtime pay factoring into gross income.
Whether you are the parent receiving or paying child support, you must consult with your attorney about strategies for dealing with overtime. It could significantly impact the amount of child support. For any questions you may have, please feel free to contact us!
To get started, fill out our online form. An attorney will contact you to discuss the details. Don't worry, we will give you input if your decisions seem a little... off. We can help make this trying time in your life a little easier with competent advice and a streamlined process for your divorce that is just a fraction of the cost. Fill out the online form today, and let’s get started on your new beginning.
Just a little bit about us
September 13, 2006: Courtney & Mills, LLC opened its doors for business, despite the fact it was Friday the 13th. Our firm consists of two attorneys—Ann and Chad, and three support staff. We have chosen to remain a small firm so that we can form a personal relationship with you, which allows us to better understand your needs.
What you can expect from us:
EDUCATION: We promote an atmosphere where you will be educated about the law as it applies to your case.
OPTIONS: So you understand the paths your case may take.
RESOLUTIONS: you can live with, but knowing sometimes the only resolution is to allow a Judge to decide the issues.
WE VALUE YOUR INPUT!
Here is what our clients are saying about us:
“We thank you for all of your hard work in returning our son to us. We are eternally grateful!”
“We found the entire experience very organized and efficient.”
“Our case was handled with great respect and courtesy.” “Couldn’t ask for better service. I am now happily divorced!”
A divorce terminates a marriage between two people. The Court will divide the property and debt of the marriage. If children were born to the parties, a Parenting Plan will be part of the case, which provides for custody of the children, and the visitation time they will spend with each parent. Child support will also be addressed. In the best case scenario, when the Husband and Wife agree on the terms of the divorce, a case can be concluded 30 days after the Divorce petition is delivered to the non-filing party. In the worst case scenario, a Judge will need to resolve the terms of the divorce through a trial, which can be several months to a year or more after the case is first filed.
A legal separation resolves issues with regard to the property and debt of the parties, and their children, but the Husband and Wife are still legally married. This type of case typically arises when there are financial reasons to stay "married."
Division of Property and Debt
A divorce will divide the property and debt of the Husband and Wife. Marital Property is generally anything acquired during the marriage, and marital debts is generally any debt acquired during the marriage. Non-marital property is property from prior to the marriage, or acquired during the marriage by gift or inheritance. A Court will strive to reach an equitable division of property or debt.
When there are children of a marriage, the Parenting Plan guides the conduct of the parties with regard to the children. Physical custody refers to the physical location of the children. Legal custody refers to decision-making authority over the children. Each parent will be allocated "Parenting time," which is the time each parent will spend with the children. Parenting Plans cover other issues like the division of costs for extracurricular activities, health expenses, and tax allocations.
Child support is meant to keep the children in roughly the same financial circumstance as when the parents were married and living in the same house. In Missouri, child support is dictated by a calculation called the Form 14. The basic foundation of child support is the relative income of the parties and the amount of time each parent will spend with the children. Financial information is placed in the Form 14 calculator, which yields an amount of child support a Court may order a parent to pay. It is possible to deviate on the amount of child support the Form 14 says a parent should pay. Equal or 50/50 custody does not necessarily mean no child support, especially when one parent earns substantially more than the other party. Child support is not tax deductible.