Q: I am trying to find out if it is legal to base child support payments on overtime hours when overtime isn't always avail
My husband pays 400 a month for one kid. He has 5 kids with me that are all his I don't work,child care would be too much. They determined his payments by how much he makes on his check stubs. You can clearly see he doesn't always get overtime and in the winter he sometimes doesn't even get 40 hours depending on the weather. Is it right for them to determine his payment that way? It has made it to where we have $100-150 a week to get by if we are lucky. Trying to feed a family of 7 and have to get what we need to get by for the week,(gas, diapers, hygiene items, dog food, food, just basic necessities) with just $100 at times is impossible. He doesn't get to see his family much anymore since they raised the payment and is having to beg for overtime. When winter comes it's scary to know that we will most likely have to let things get repossessed just because he has to pay $400 for one kid.
A:
The statutes state that support is based on all income which would include overtime.
He needs an attorney to help him with this. He may be able to credit for other biological kids that live in his home. Talk to an attorney before the new support order is filed!
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