Will the courts calculate my overtime pay as annual income?

Based on your question there is an assumption that you will be paying child and/or spousal support. I obviously cannot comment on whether that is accurate without speaking with you and learning of your facts. However, on the assumption that you will be a payor of child and/or spousal support the issue with respect to your overtime earnings is very important. If there is cogent and reliable evidence proving why you no longer have access to overtime then a Judge has the option to calculate the support based on your income without the overtime. However, a Judge also has the power to find that you are intentionally under-employed and impute the overtime income back to you even if you have not earned it. Thus, the answer to your question really depends on the unique facts of each case, namely whether there is strong evidence to prove that you are not seeking to avoid the overtime in order to lessen your support obligations. If you telephone me at 877-668-9386 for a free consultation I would be pleased to provide you with specific guidance applicable to your case based on the answers that you provide to the questions that I must first ask you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).