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  1. #1
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Divorce settlement agreement

    We are almost finished with our divorce settlement however, we have one sticky point. I live in Michigan and work for a Railroad. I receive an hourly rate or days pay that equals the following:
    brakeman: $169.00 per day
    Conductor : $180 per day
    Then we have arbitraries which ARE NOT guaranteed income, but you can recieve them if you qualify, these are:
    late lunch: $7.50 per day
    Remote Control locomotive $17.50 per day.
    Friend of the court based my income on last years W-2's which included conductor pay, late lunches, remote control and overtime. Can these be included into my child support?
    The company is now refusing to pay late lunches and I no longer work a remote control job which is a loss of $400 per month. I normally net between $1300 and $1500 every 2 weeks depending on overtime and my arbitraries. Friend of the court is ordering me to pay $1400 per month in child support for 3 children-no pousal support (only married 3 years). My attorney says theres nothing I can do unless there is a change in circumstances. "I would say the above is a significant change" I guess my ? is.. Can they take 1/2 your income for child support and can they include overtime and non-guaranteed money or are they suppose to base it on you hourly wage at 40 hours per week? which is also not guaranteed. The Railroad is a very odd place to work, its not a normal 9-5 job.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Divorce settlement agreement

    If you're not even divorced yet, this should be a temporary order. Ask your lawyer to explain why, if it's a temporary order, a change in circumstances would be required to adjust it to accurately reflect your income. If it's not a temporary order, ask your lawyer to explain your situation better then get back to us if he can't give you an answer.

  3. #3
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Divorce settlement agreement

    Also, if you recalculate CS based on your new income, and it's a 10% difference (in the CS payments, NOT your income), you can file a motion with the court to adjust.
    Now, the 10% is the # for my state, I'm not sure what the % is for you.

  4. #4
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: Divorce settlement agreement

    I did email my concerns to my attorney, he just has not responded yet. of course he always states his famous words "we can go to trial".... ya right, how many thousands of dollars will that cost? only to adjust child support a few hundred, it would take years to makeup the loss.

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