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Main Forums => Dear Socrateaser => Topic started by: VeronicaGia on Mar 26, 2004, 11:10:21 AM

Title: Hey Soc, a quick one please
Post by: VeronicaGia on Mar 26, 2004, 11:10:21 AM
State is California

1.  Does CA take the NCP's overtime into consideration when modifying support?  

2.  If not, how does the NCP ensure support is being figured on straight time (full time) only?

3.  If so, and if overtime varies from week to week, is it averaged?

Thanks!  May have a follow up depending on your response :)
Title: RE: Hey Soc, a quick one please
Post by: socrateaser on Mar 26, 2004, 01:27:42 PM
>State is California
>
>1.  Does CA take the NCP's overtime into consideration when
>modifying support?  

Yes.

>
>2.  If not, how does the NCP ensure support is being figured
>on straight time (full time) only?

N/A

>
>3.  If so, and if overtime varies from week to week, is it
>averaged?

Usually, the court will average the last three pay stubs, unless the obligor's tax returns show that his/her pay is seasonal and that this average is not reasonably related to the obligor's actual income.

A court can also impose a Smith-Ostler order (% of net income), but DCSS will not persue such an order on its own because of the constant monitoring required to ensure compliance.
Title: :)
Post by: VeronicaGia on Mar 29, 2004, 05:55:18 AM
Thank you!