§1.10 Overtime

Overtime income usually must be considered when you calculate gross income. [County of Placer v Andrade (1997) 55 CA4th 1393, 1396-1397.] But you may exclude overtime if [see Marriage of Simpson (1992) 4 C4th 225, 228, 234-235]:

• There is admissible evidence that it is unlikely that the overtime income will continue, or
• Imputing overtime in the calculation would lock a parent into an "excessively onerous work schedule."

When a parent ceases to work overtime, Simpson requires the parent's income to be tied to an "objectively reasonable work regimen," defined by "established employment norms." Depending on the parent's occupation, that norm may include more than 40 hours per week. A reasonable work regimen is dependent on all relevant circumstances, including the choice of jobs available within a particular occupation, working hours, and working conditions. [Marriage of Simpson, supra, 4 C4th at 236.]