Q: When calculating child support, will the magistrate take over time into consideration as income earned?
The non custodial parent has worked over time consistently over a time span of at least 6 years which can easily be proven because his income is public record. When calculating child support in NY, will the magistrate use the overtime or the base salary of the non custodial parent who will be paying support? If a person works a second job that is considered income earned so wouldn't over time be considered income earned as well?
A: If overtime is available, the court will consider it for support purposes. If the non-custodial parent can prove there is no more overtime the court might not consider if the stoppage of overtime is not the result of the non-custodial parent's action.
A: The magistrate calculates support on all income reported from all sources as shown on tax returns. If you know of any off the books income you can also testify about that. Unless it can be shown that overtime is no longer available then it is considered as part of income.
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