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Hey Soc, a quick one please

Started by VeronicaGia, Mar 26, 2004, 11:10:21 AM

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VeronicaGia

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 :)

socrateaser

>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.

VeronicaGia