Is working overtime considered in child support cases?
I am a resident of Nebraska. My husband is working as a high-level officer in a multi-national company. His responsibilities require him to work overtime on a regular basis and he is paid handsomely for it. Our child support litigation is pending in the court. I want the court to consider his overtime income as a part of his total monthly income. What are the factors the court considers in determining whether working overtime is a regular part of employment?02/09/2017 | Category: Paternity » Child Support | State: Nebraska | #31854
The court may consider overtime wages in determining child support if the overtime is a regular part of the employment and the employee can actually expect to regularly earn a certain amount of income from working overtime. In determining whether working overtime is a regular part of employment, the court may consider such factors as the work history of the employee for the employer, the degree of control the employee has over work conditions, and the nature of the employer's business or industry.
In the instant case, in determining whether your husband’s overtime work is a regular part of his employment, the court may take into consideration the fact that he is a high-level officer in the company and has authority over work conditions.