Is Overtime used to determine Child Support in Rhode Island ?



Posted: Sunday, February 28, 2010

by David Slepkow
Slepkow Slepkow & Associates, Inc.

What if my child's parent works overtime? Will overtime be included in child support in Rhode Island?

There is no standard law or rule in Rhode Island (RI) regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island Family Court consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse.

If overtime is infrequent or not typically offered, Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. That Judge suggested that a third of the overtime be used for child support purposes,1/3 for taxes and 1/3 for the person who worked the overtime.

Many Judges in Rhode Island (RI) believe that overtime should always be a factor in determining child support. Often the issue of overtime is negotiated by the Family Law lawyers / Attorneys prior to any formal ruling by the Judge.

Please consult with a Rhode Island Divorce, Family Law lawyer or Child Support Attorney.

David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, personal injury, automobile / car accidents, RI criminal law, dui, restraining orders, litigation, custody and visitation. David has been practicing since 1997 and is licensed in rhode Island, Massachusetts and Federal Court.

David offers free initial consultations and accepts all major credit cards. Evening and weekend appointments available. You can contact David Slepkow at 401-437-1100 or by visiting his website

Also please visit: Rhode Island Child Support law Article by a RI Lawyer



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