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What amount of time is considered consecutive income in order to modify CS?

lovenlots's picture

8 months ago DH had a job making alot of overtime his child support is based off all the overtime. He just started a new 2 months ago at a job that is less demanding in my same field working around 32-38 hours weekly. His salary went up 5.00/hr but without all the overtime he is making 4-5K less monthly in income. He wants to modify his child support how many paychecks does he need to show the courts that this is his consistent new income? Im sure BM will argue that he always work overtime. BM only works 30-38 hours weekly also and I know she is gonna fight to keep him at the highest child support amount. She has an attorney and I know shes gonna try to get him to pay for her attorney fees, but he is  struggling he was without work for 2 weeks and making 4-5K less now so he is just getting caught up, we also moved into a cheaper place. We can't afford an attorney just for modification either, shouldn't the numbers speak for itself?  If you've worked overtime in the past is it an uphill battle to prove its no longer the case?Any advice or experience?

lovenlots's picture

Wow. Really but in this case his salary went up but no more overtime. It was the overtime that made it 4-5K more monthly .

Rags's picture

Unfortunately OT, bonuses, severance, etc... all can impact CS to possibly lower it if the CP receives these things or possibly raise if the NCP receives these things.

The last time we went for a CS adjustment my bride filed shortly after I was laid off from my highly paid position and shortly after she got a big promotion. Our intent was to remove my income completely from the equation. Even though Oregon does not allow the consideration of Sparent income for CS calculations purposes they do allow for a Judge to invoke an income credit for either BP if there is a Sparent in the equation with a high income. Long story short, my income was insanely high the year I was laid off because I was laid off in Sept, I received another two months on payroll, a severance of 49 weeks of pay due to my Sr. position and I had to sell several thousand shares of vested options before the end of the year. So much for no salary. The cool part about the income shares CS calculation method used by most states, at least it is cool for the CP, is that even if one parent makes notably more than the other the total combined incomes of the CP and NCP can drive the NCP CS obligation way up when it is the CP income that has increased significantly.

Even with my insane income that year and DW's notable salary increase the Sperm Idiots CS obligation went up by ~600% though the Judge one again awarded the Sperm Idiot the max possible $1000/mo income reduction credit due to my income. Though infuriating to me that the POS received any benefit from my income the impact of even the max credit only lowered his possible CS obligation by $50/mo.

If you go for a CS mod too soon after an income reduction OT may will still be on the tax return and considered for CS calculation. You may want to talk with your attorney about the best timing for a CS mod after DH's reduction in total income.

Good luck.

SweetMom's picture

Im thankful overtime isnt considered in our state. Dh wouldn't work it if it were.