If you need to calculate or calculate child support again based on an initial divorce complaint or in a motion to modify child support, you may want to approach the issue carefully if you are the one paying child support and work overtime
The Rhode Island Court of Family Court may consider overtime hours at the time of determining the amount of child support you should pay. This is complicated not because the calculations are weaker and not because jurisprudence or statutes provide for a specific way of determining how much gross incomes of overtime should be taken into account in order to calculate their obligation to support the Rhode Island childhood. Rather it is complicated because this particular issue is left to the discretion of the judicial judge of the Rhode Island family that presides over his case.
This would not be so complicated if it were not the fact that each judge could exercise his discretion in a different way and had different ideas about whether gross income should be taken into account for overtime to calculate child support . and why.
The extra hours salary continues to be a problem that has provoked very frustrating results for some parents who appear in the Rhode Island family court system for this same reason.
As you can imagine, it is very difficult to find a client that raises the question: "The 20 extraordinary hours that I work every week will take into account my gross income when it is time to calculate child support?" and give them an answer as definitive as. . . . "may be". . . or, "depends".
It is not surprising, potential customers and those who consult lawyers on this subject often bother to find that there is no established answer that is applied universally to each case. Most people wait for the consistency of family court judges in this unique subject and are shocked to find that it really depends on the judge's ideas on the subject and, from time to time, on the ability of his lawyer and to emphasize a point that is strong enough that Judge of the Rhode Island family judges it unfair to include extra hour payouts in the gross income of the parent paying child support.
Ultimately, when dealing with overtime issues and if it should be considered as part of gross income from parents, it may be a judge assigned to your case and your offspring Specific opinions on this topic.
Does this entail consistent results in the inclusion of extra hours in gross income for the purposes of child support? No, it does not work. In the best case, there can be consistency with the resolutions on a topic about a judge. However, there is no coherence between the court courts of the Rhode Island family on this subject.
It should not be surprising then that a Rhode Island lawyer who focuses his practice on divorce and family law areas can be the best advocate here and give you the best success indicators on this subject once you have knowledge . who will be the judge of your case.
As a general rule, you should anticipate that extraordinary remuneration will be considered and will be taken into account in your gross income in order to determine child support according to the Rhode Island Child Support Guidelines if you work overtime with any degree of regularity and consistency.
It's like the old saying. Schedule the worst, but wait the best.
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