How does the court determine if overtime income is regular?

Full question:

I am a resident of Nebraska. My husband is working as a high-level officer in a multi-national company. His responsibilities require him to work overtime on a regular basis and he is paid handsomely for it. Our child support litigation is pending in the court. I want the court to consider his overtime income as a part of his total monthly income. What are the factors the court considers in determining whether working overtime is a regular part of employment?

  • Category: Paternity
  • Subcategory: Child Support
  • Date:
  • State: Nebraska

Answer:

In Nebraska, the court may consider overtime wages for child support if it is a regular part of employment and the employee can expect to earn a specific amount from it. Factors the court looks at include:

  • The employee's work history with the employer
  • The degree of control the employee has over work conditions
  • The nature of the employer's business or industry

In your husband's case, being a high-level officer with authority over work conditions may support the argument that his overtime work is regular.

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.

FAQs

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. It applies to employees engaged in interstate commerce or in the production of goods for commerce. Under the FLSA, eligible employees must be paid overtime at a rate of one and a half times their regular pay for hours worked over 40 in a workweek. This law helps ensure fair labor practices across the United States.