[sbv1]

I submitted my 2010 income to my attorney to input into the Ca dissomaster for child support/slimony payments. My Jan pay was artificially high as I was paid overtime for Xmas '09, Jan1, 2010 and MLK 2010 holidays. These are the only holidays that I will be working this year. My normal pay is $7400/month (before taxes), but my attorney said that the holiday pay which was received for Jan 2010, makes it appear that my salary is actually averaging $9700 (by years end this mistake appears that I make over $27,000 than I actually do). This issue occurred last year as well and I paid a great deal more for support/alimony than was necessary- by the years end, my attorney agreed saying he was very supprised I made so little as all my payments were based on this facticious $9700 amount. Unfortunately when we went to court to look at adjusting the payments in 12/09, the judge wanted us to complete a mediation class and return on 4/19/10 prior to addressing any changes in payments. Here I am again fighting the same issue of being paid overtime for 3 holidays for 1/10 and being assigned an artificially high salary that I don't make for 11 months of the year. Isn't there some way for the court to take into consideration that last year the same situation occurred and each month after 1/09, I only made $7400, and that the same trend is occurring for 2010? Isn't there some method on the dissomaster to allow for a one month only higher salary factored in with the normal monthly salary? If not can my attorney make a direct appeal to the judge?

[cdad]

There is no law stateing that you have to use the current months wages to calculate support. You can show your W2 from last year and average it out by 12. Are you on salary or hourly? Then also have those rates handy.

[sbv1]

I am on an hourly wage. So are you saying that my Calif attorney who is telling me that YTD current pay stub isn't the only info used in dissomaster? I have the paperwork showing how my income is higher for the first month of the year last year and can show the trend this year. Does my attorney work this out with my ex's attorney and dissomaster, or does it need to go through a judge for temporary support/alimony.

[cdad]

If it were me I would just calculate it on the yearly from the W2 and if there are any questions then explain why. Its not that unusual in some jobs to have a fluctuated income. Construction, Accountant, etc. Look at farmers. Should their income be based on the planting month ( negative ) or the harvest month ( positive). I think you get what Im saying. Your looking for consistency. So creating a 12 month average wouldn't be out of the norm. A judge isn't likely to argue it because your not trying to get out of anything by hiding income.