Child Support and Overtime in Texas
Clients often ask if overtime is considered in calculating child support in Texas. In some companies, overtime is only allowed in certain peak times of the year. In some companies, overtime is mandatory, and sometimes it’s very rare. In all instances, the Texas Family Code provides that overtime is considered in calculating child support.
The Texas Family Code Section 154.062 states in part:
“NET RESOURCES. (a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section. (b) Resources include: (1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses)[.]”
The Family Code is clear that 100 percent of all wage and salary income, including overtime pay, is included in calculating child support in Texas. However, the best way to present overtime to a court is to show it as an average over the entire year. Thus, the best way to show overtime is through tax documents that allow an average monthly salary calculation.
Also, if there is a change in overtime pay, it is important to consult with an attorney to determine whether you should ask for a modification in child support.
Overtime pay is just one of the many factors that could affect the amount of child support paid in Texas.