Is There a Law in Washington State About No Overtime for Child Support?

By Jimmy Verner

When the court determines the income a parent receives for child support purposes, it typically must consider all possible sources of income, including overtime pay. However, under certain circumstances, it might exclude overtime from the standard child support calculation.

When the court determines the income a parent receives for child support purposes, it typically must consider all possible sources of income, including overtime pay. However, under certain circumstances, it might exclude overtime from the standard child support calculation.

Overtime is Income

To determine the amount child support, Washington State considers the parents' combined monthly income and number of children. It calculates the basic child support obligation using a table based on these two figures. Generally, overtime is included in the income calculation. However, if the court finds that the overtime is from a second job that is causing the parent to work more than 40 hours per week to pay for family needs, past relationship debts or past child support debts, and the overtime income will cease once the debt is paid, the court will not include overtime pay.

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Nonrecurring Overtime

A Washington State court must follow the standard child support calculation unless it finds that there are reasons to deviate from the standard calculation. Because it would be unfair to set child support based on income that is sporadic and temporary, the court will not consider nonrecurring income. For this reason, a court might or might not consider overtime to be nonrecurring based on how often the parent receives it. The court reviews a parent's earning records to determine whether overtime is recurring or not by examining the parent's income over the past two years.

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Ohio Child Support Calculation Laws

References

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What Is Considered Income in Florida Child Support?

Income for child support purposes in Florida covers a wide range of sources. It would be fair to say that if you receive income from nearly any source, it will be considered income when the court sets the amount of child support you'll owe. If you are unemployed or underemployed, the court can even impute to you amounts of money you would have made if you were working. There are, however, certain deductions from income that must also be considered when calculating child support.

How Do I Calculate Disposable Net Income for Child Support Payments?

States take the position that both parents are responsible for financially supporting their children after divorce. When one parent has more overnights with a child under a custody order, she is generally entitled to support payments from the other parent. Some states calculate the obligation based on a percentage of the parents' combined net incomes, while others look at only the net income of the parent who pays child support. In either case, knowing what is included in net income is typically an important first step in calculating child support.

Reasons to Deviate From California Guidelines for Child Support

Divorce does not relieve either parent of the obligation to financially support their children. In California, state guidelines are used to calculate a support amount according to the incomes of both parents. However, in some cases, the amount that a parent is ordered to pay is found to be inappropriately high or low. Courts have the discretion to deviate from the support formula in limited circumstances when this happens.

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