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laudel · Jan 2, 2008, 02:06 PM

I have a child support order which states the father pays 29%. This has been translated into a fixed dollar amount per week. He frequently works OT. For some reason that was not addressed in the order. For 2007, he probably rec'd an additional 6,000 in OT. Is there a way to collect on that; and receive 29% of earnings in the future? We live in NYS.

shygrneyzs · Jan 2, 2008, 02:57 PM

Is overtime a guarantee for your ex husband? Sometimes overtime is seasonal or for a special project but not every week in the year. What does your attorney say about this?

laudel · Jan 2, 2008, 03:09 PM

Originally Posted by laudel

I have a child support order which states the father pays 29%. This has been translated into a fixed dollar amount per week. He frequently works OT. For some reason that was not addressed in the order. For 2007, he probably rec'd an additional 6,000 in OT. Is there a way to collect on that; and receive 29% of earnings in the future? We live in NYS.

It is pretty much a guarantee; but it is based on the weather - union job. Would like to avoid speaking to the attorney again because the his fees far exceed the pay off.

shygrneyzs · Jan 2, 2008, 03:14 PM

Then call your child support enforcement agency that is handling your case. Talk to your worker and ask. That agency can ask for a review.

Fr_Chuck · Jan 2, 2008, 04:23 PM

If the court order is currently for a set amount, you will have to go back to court and get it changed back to a percent.

laudel · Jan 3, 2008, 11:55 AM

OK - thanks!

ScottGem · Jan 3, 2008, 11:57 AM

Go to the court and ask for a review of the child support. Explain that you believe the support should be 29% of his actual income, not his base salary.

bigdaddy45 · Jan 29, 2008, 09:16 PM

my x tried this on me with bonus, ot, etc. The court said no cause it isn't a guarantee. I may get one and may not so you can't set a specific amount on something you may not get this week but may get next month, but going to court and letting a judge decide will be the only way you'll find out. My bet is if he has a decent lawyer you won't get it.

Fr_Chuck · Jan 29, 2008, 09:28 PM

A lot will depend on how the order is set, in some agreements, they will just set it at a percent of his income, up to a max amount.

But normally it is set at a dollar figure, based on his average income. So it is a matter of how your state decides the child support

JudyKayTee · Jan 30, 2008, 08:05 AM

Originally Posted by shygrneyzs

Then call your child support enforcement agency that is handling your case. Talk to your worker and ask. That agency can ask for a review.

I don't see that there's a child support enforcement agency involved here.

In NYS you can go back to Family Court without an Attorney and ask that the Order be modified. I have also seen decisions - in NYS child support is by Statute, it's a percentage - which require the father to provide the mother with his year end W2, that gets percentaged out and whatever has not been paid to her weekly (for example, overtime) gets paid to her at that time in a lump sum.

cdad · Jan 30, 2008, 02:43 PM

I think JudyKayTee is a good resource on this one as she has experience in NYS. The only thing I find odd as far as fairness ( not law ) is having to pay when working overtime. Somehow it doesn't seem fair to require a person to work overtime to meet his / her support and then have it count against you.
Also not sure what NYS is like but in Calif anytime you go to court over support issues the Dept of Child Support Services is involved whether either parent requests it or not.

JudyKayTee · Jan 30, 2008, 03:45 PM

Originally Posted by califdadof3

I think JudyKayTee is a good resource on this one as she has experience in NYS. The only thing I find odd as far as fairness ( not law ) is having to pay when working overtime. Somehow it doesnt seem fair to require a person to work overtime to meet his / her support and then have it count against you.
Also not sure what NYS is like but in Calif anytime you go to court over support issues the Dept of Child Support Services is involved whether either parent requests it or not.

More parents are upset by this than any other issue I run into - you're barely making it with the child support payments, you remarry (sometimes), you have another child (sometimes), often you and your current spouse are both working, you get a second job to "help out" and - bam - you get hit for more child support.

I've seen second wives, working Moms and mothers, working the second job so the first wife/child can't lay claim to it.

I've never been in the position so it's hard for me to judge - on one hand your first family shouldn't suffer; on the other hand if you have a bad marriage do you suffer financially for the rest of your life.

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