Full question:
000000000I am a resident of Nebraska. My child support litigation is pending in the court. I work in a factory and I work overtime daily for which I get paid extra. (overtime wages). Will the court take my overtime wages as part of my total monthly income in determining child support?
- Category: Paternity
- Subcategory: Child Support
- Date:
- State: Nebraska
Answer:
In Nebraska, the court may include overtime wages in your total monthly income for child support if earning overtime is a regular part of your job and you can expect to earn a consistent amount from it. According to Neb. Ct. R. § 4-201, both parents have an equal duty to support their children based on their respective net incomes.
Neb. Ct. R. § 4-204 states that total monthly income includes earnings from all sources, excluding means-tested public assistance benefits. This includes income that can be reasonably expected from work. For example, if you earn a salary, that amount is annualized and divided by twelve to determine monthly income.
The court will assess factors such as your work history, control over work conditions, and the nature of your employer’s business to determine if overtime is a regular part of your employment. In your case, since you regularly earn overtime, the court may consider those wages when calculating child support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.