The answer to the question is…. Maybe. All child support in the State of Michigan is calculated by use of the Michigan Child Support Formula (MCSF) 2017.
The MCSF uses the party’s gross income as a starting point. To get the gross income the MCSF describes what it means when it uses the word “income”.
MCSF 2.01(C)(1) Income includes overtime pay. So, if the description of income includes overtime pay then overtime pay is used to calculate child support. If you are a person who consistently works overtime, that overtime pay will be used to calculate child support.
So, what if your employer makes overtime available so that you could work overtime if you wanted to voluntarily? Can the Court force you to work overtime? MCSF(G)(1)(a & b) To force you to work overtime, the Court would have to determine that you are not working to your full capacity and would impute to you the overtime that you could have worked.
To do that the Court would have to find that you are working less than 35 hours per week and could only impute to your overtime that would have you working up to 40 hours per week. So, if you are working 35 hours or more per week, the Court cannot force you to work overtime.
What if you have been working overtime for years and decide to quit; can the Court force you to continue working overtime? If you are working without overtime more than 35 hours per week the Court cannot force you to continue no matter what reason you give for not working overtime; even if your reason was not working because you didn’t want to pay child support on overtime pay per unpublished case of Michelle M. Olivero vs. Michael P. Olivero, September 10, 2020, Case Number 348747.
To discuss your child support issues, call our office to speak with Ross Stancati today at 269-381-4471.
