Is overtime pay considered in determining child support & spousal support in louisiana?
Question: A friend is going through a divorce and is a city service employee. He relies greatly on side jobs and overtime to supplement his pay. The estranged wife is asking the court to allow child support and temporary alimony to be set at a higher rate due to the supplemental pay he often receives, however the side jobs and overtime has been almost entirely cut out. He cannot depend on the possibility of getting side jobs and overtime, so can the court count on supplemental pay as guaranteed income to set child support and alimony amounts?
Best Answers: Is overtime pay considered in determining child support & spousal support in louisiana?
Yes and no, it comes down to the judge's opinion, but you must remember Louisiana law is different from the rest of the country. In Sacramento (CA), a father who worked as a maintenance worker put in 80 hours a week to put his wife through graduate school. After she graduated, she left him for a professor, as she thought it demeaning to be married to someone without an education. Because he would be relegated to visitation with his kids, instead of coming home to them, he cut back to a 40 hour week, so that he would be available on weekends. The courts ordered him to go back to working 80 hours a week and pay child support based on that amount. The ruling was upheld on appeal. Two years later the mother has to accept a far lesser amount for the children, as he committed suicide and she was left with social security death benefits. You friend needs to learn more about what he ca and cannot do. Child support guidelines are just that, not chiseled in stone. Tell him to counter file for Bird Nest custody. http://groups.yahoo.com/group/GiveKidsAChoice/ If you want to learn how to do all this go to Dads House in Yahoo Groups. There's an educational manual in the file section that can teach you what you need to know. The organization it came from is defunct due to attorneys that tried to take it over and make money from it. Take the time to learn what you can and should do. http://health.groups.yahoo.com/group/DadsHouse/ http://www.rcfp.org/taping/ http://www.glennsacks.com http://www.parentalalienation.org/
Remember, that if you were to get spousal support, that would increase your child support, which is not tax deductible, while the spousal support is. It could result in actually saving her money by payign it. http://divpat.org/AlimonyVsChildSupport http://ChildSupportRights.org/WhatPayers... ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... Federal Child Support Enforcement Handbook for Non-Custodial Parents http://childsupportrights.org/ ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... To learn a father's rights, join Dads House Educational Groups. It's free to join and access all materials. You also associate with other fathers going through, or already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues. http://dads-house.org/ http://dadshouseedctr.qhub.com/ http://www.youtube.com/DadsHouseEdCtr ▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬▬... For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors. -------------------- Posted to Dads House Facebook Page http://www.facebook.com/DadsHouseEdCenter ♂♀
If you get overtime each week then yes but if you get it once or twice then no but a lot of the time they take the last pay stub and find the avg
OK, until there is a child, he is obligated to pay nothing. You can't file for child support or custody or paternity until the baby is born. Google the county and state in which you live, followed by "Paternity", "child support", and "child custody"- and there you should find links to the forms to fill out, along with the procedures to follow. Fill out what you can now before the birth- and ask the legal clinic volunteers at the courthouse for help, so you have them filled out the way they want them for court. The day after the baby is born, have someone file them for you, so you get a court date. And then go and see the judge. They will *order* a court-approved DNA test to be done by the guy you say is the father, and he will be in contempt of a court order if he doesn't do it. He has no choice. Once that is done, you will have to go back and file for child custody and support. The military frowns upon guys who don't pay for their kids, and it will affect his career in the military if he doesn't comply- besides, you can have the state child support enforcement unit garnish his wages if he doesn't. Go back to them as well, if he stops paying, because they can do other things like take away his driver's license, take his tax refund, and put him in jail. File for sole custody anyway. He's going to be busy with the army, and probably already is with somebody else. DON'T say any more about denying him custody on the basis of him being deployable- that will get backlash from any court, and show your unwillingness to cooperate with coparenting. Just state that he has not expressed any interest in your pregnancy or the baby. That's a different, and pertinent issue. Being in the service is not.
enormously much continuously whilst a guy (or lady) is put in reformatory for not paying help it is been a situation to an prolonged time. they have performed issues to anger the courtroom which includes cover funds,provide up jobs on purpose, paid 0, etc. they have an inclination to be the extra serious of worse deadbeats. I even have paid baby help and that i've got had baby help owed to me (not at all paid). in case you elect t preserve your toddlers you will.
Your issue is with whatever court issued the garnishment of Social Security checks not with Social Security who has no choice in the matter. Have you tried to duplicate the documentation you once had proving he had been living with you? What did you have? Statements from your ex? Your son? Neighbors? Get them again. How about the school he went to? They still have the records. If you are on good terms with your son get a statement from him about what he remembers.
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