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 consider overtime wages as part of total monthly income in determining child support, if the overtime is a regular part of the employment and the employee can actually expect to regularly earn a certain amount of income from working overtime.Neb. Ct. R. § 4-201 reads as:
“ The main principle behind these guidelines is to recognize the equal duty of both parents to contribute to the support of their children in proportion to their respective net incomes.”
Neb. Ct. R. § 4-204 reads as:
§ 4-204. Total monthly income
“ This is income of both parties derived from all sources, except all means-tested public assistance benefits which includes any earned income tax credit and payments received for children of prior marriages. This would include income that could be acquired by the parties through reasonable efforts. For instance, a court may consider as income the retained earnings in a closely-held corporation of which a party is a shareholder if the earnings appear excessive or inappropriate. All income should be annualized and divided by 12. For example, a party who receives a salary of $400 gross per week would have an annualized gross income of $20,800 ($400 times 52) and a monthly income of $1,733.33 ($20,800 divided by 12). If the person is paid $400 every 2 weeks, his or her annualized gross income would be $10,400 ($400 times 26) and monthly income would be $866.67 ($10,400 divided by 12).
The court may consider overtime wages in determining child support if the overtime is a regular part of the employment and the employee can actually expect to regularly earn a certain amount of income from working overtime. In determining whether working overtime is a regular part of employment, the court may consider such factors as the work history of the employee for the employer, the degree of control the employee has over work conditions, and the nature of the employer's business or industry.
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The court may consider overtime wages in determining child support if the overtime is a regular part of the employment and the employee can actually expect to regularly earn a certain amount of income from working overtime. In determining whether working overtime is a regular part of employment, the court may consider such factors as the work history of the employee for the employer, the degree of control the employee has over work conditions, and the nature of the employer's business or industry.
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In the instant case, the court may add your overtime wages as part of your total monthly income in determining child support since you regularly earn a certain amount of income from working overtime.
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.
