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.

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.

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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