gsimple
New
Reged: 05/11/08
Posts: 3
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what do you do when the court sets your payments to high?
How are you supposed to live when your paying over sixty percent of your income to child support?
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ttina
Platinum
Reged: 02/28/08
Posts: 398
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what state?
is this a new order?
has your income changed?
How many children?
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gsimple
New
Reged: 05/11/08
Posts: 3
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The state is Ohio.
The order was given in March.
They based the income off of overtime not base pay.
there are three children, Ages 16,13,11.
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Jada
Platinum
Reged: 06/02/07
Posts: 3494
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[quote]The state is Ohio.
The order was given in March.
They based the income off of overtime not base pay.
there are three children, Ages 16,13,11. [/quote]
All income counts when it comes to calculating child support, not just base pay.
What is usually done with overtime is that an average over a 3 year period is used.
You aren't going to be able to exclude overtime from the child support calculations, especially if it occurs regularly.
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gsimple
New
Reged: 05/11/08
Posts: 3
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the overtime is not always there and now it is almost null.
with these payments i'm not able to pay my ren or my bills I don't bring enough home to survive on.
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Jada
Platinum
Reged: 06/02/07
Posts: 3494
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[quote]the overtime is not always there and now it is almost null.
with these payments i'm not able to pay my ren or my bills I don't bring enough home to survive on. [/quote]
The reason why they take an average of overtime over a period of time is because it varies.
You can file for a modification based on a change of circumstances, but you are going to have to prove that there is no more overtime at all.
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mistake#2
Platinum
Reged: 07/19/06
Posts: 3268
Loc: Florida
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[quote]The state is Ohio.
The order was given in March.
They based the income off of overtime not base pay.
there are three children, Ages 16,13,11. [/quote]
My ex fought the CS based off of overtime. His is constant and his pay checks prove it however he was able to get a letter from human resources that said overtime wasn't mandatory, would soon be leveling off and not guaranteed. He was successful in not having it counted. File for a modification.
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infinity386
Gold
Reged: 02/24/08
Posts: 131
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[quote]what do you do when the court sets your payments to high?
How are you supposed to live when your paying over sixty percent of your income to child support? [/quote]
In the case of Ohio you go to jail and sentence to death like Sean Levert.
I'll pray for you. At 60% of your income its only a matter of time before you fall behind.
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ttina
Platinum
Reged: 02/28/08
Posts: 398
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In my state you can file for modificaon if there is a change of 15%. If you are not able to get overtime, you may have to prove that in court. I have a co worker, he has three similar in ages.... his overtime is calculated into the CS payments. CS is about 45% of his gross. After taxes he is about in the same boat as you. I feel for him, but I see the other side too... kids cost, plain and simple. He doesn't begrudge his responsibility even though he doens't like it.
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