Defenses to counting income

Be sure to identify the paragraph you are referring to.

For example:

• Paragraph 22 says Respondent has $2,500 a month in income. However, Respondent is currently unemployed through no fault of his own.

Whenever possible, use a real name instead of the word "Petitioner" or the word "Respondent."

For example:

• Paragraph 22 says John Doe has $2,500 a month in income. However, John Doe is currently unemployed through no fault of his own.

You will need to explain to the court why the income amounts you propose are the gross income amounts the court should rely on for purposes of support. Be specific about the facts.

For example:

• Paragraph 22 says John Doe has $2,500 a month in income. However, John Doe is currently unemployed through no fault of his own.
• Paragraph 22 says John Doe has $500 a month in overtime income. John Doe's overtime should not be counted for support purposes because John Doe did not consistently work overtime when Jane Doe and John Doe lived together.
• Paragraph 22 says John Doe has $500 a month in overtime income. John Doe's overtime should not be counted for support purposes because John Doe began working overtime hours after the parties separated.
• Paragraph 22 says John Doe has $1,500 a month income from extra jobs. John Doe's income from extra jobs should not be counted for support purposes because John Doe did not consistently work extra jobs when Jane Doe and John Doe lived together.
• Paragraph 22 says John Doe has $1,500 a month income from extra jobs. John Doe's income from extra jobs should not be counted for support purposes because John Doe began working his extra jobs after the parties separated.