Lesser Known Things About The Guidelines Part III

There are several lesser known things about the changes made to the way in which income generally and, more particularly, income from overtime and secondary employment factors into the calculation of child support under the Guidelines.

The definition of “income” specifically included both unreported and non-taxed income although under the earlier version of the child support guidelines, this was ambiguous.  The delineated sources of income included military pay, allowances, and allotments and specifically exclude children’s disability benefits and insurance reimbursements for property loss.

Income from overtime and secondary employment are not automatically includable in the child support calculation. The Guidelines require that a number of factors be considered including,: “history of the income, the expectation that the income will continue to be available, the economic needs of the parties and the children, the impact of the overtime on the parenting plan, and whether the extra work is a requirement of the job.” Income form second jobs and overtime income of either the Payor or the recipient received after an order is entered is presumptively excluded in a future support order provided the second job or overtime was not worked in the past.

In conclusion, it would be a mistake to assume that the child support calculation “is what it is,” under the Guidelines just because the combined income of you sand your spouse or ex-spouse does not exceed $250,000. You should consult a qualified Essex County or Middlesex County divorce attorney to review all of the factors that could impact the child support calculation and to ensure that your best interest is otherwise being met.

Contact rauseolaw today to schedule a free consultation.