Gadsden, AL asked in Child Support for Alabama

Q: can dhr include over time for a modification?i feel i have been screwed

went to court for modification dhr didnt even attempt to look at my finacial papers or records it doubled from 425 to 800 all because they included my over time i filed an appeal went back to court but this time i have a diffrent job so it lowered to 514 but while in court they admitted to using my over time as a calculation along with my 40 hrs now it states that both parties 40hr income is suppose to be used not over time so i feel i got screwed now it on my credit report and i cant apply for a home loan

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1 Lawyer Answer
Kristine Jones
Kristine Jones
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. Yes, overtime is included in child support. OT is one of those fluid issues that can usually be successfully argued against depending on the facts of the parties. However, technically speaking, Rule 32 along with case law allows for inclusion of OT in calculating CS. Thank you for your question.

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