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Calculating Child Support for Overtime and Bonus Income

Calculating Child Support for Overtime and Bonus Income

Calculating Child Support for Overtime and Bonus Income Calculating child support awards in California can be a complicated process. Determining child support is a nuanced, multi-step process that requires taking all sources of income into account. The income and assets of both parents will be considered, including investments, stocks, pensions, disability, veteran benefits, Social Security, inheritances, income from rental property, trust income, and more. However, child support orders can get even more complicated when you take bonuses and overtime into account. When determining child support, the court typically looks at the prior calendar year’s income as a reasonable measure of future income. When using this approach, the court treats future income as if it has already been received (based on the fact that it was received in the year prior). As you can see, this approach becomes problematic when there is unexpected income involved, such as overtime or bonus pay. California Family Code Section 4058 states that, for child support purposes, “the annual gross income of each parent means income from whatever source derived.” Combined with California Family Code Section 4604, which allows the court to adjust child support orders to accommodate seasonal or fluctuating income, supported parents in California absolutely have a right to a portion of income from overtime and bonuses. If you are going through a divorce, child support negotiations, or preparing for another family law matter, contact The Law Office of Heath L. Baker. Mr. Baker understands how to navigate the emotionally charged family court system. As a Riverside native himself, Mr. Baker can help you and your family find a solution and get through...