Tennessee Husband and Wife have three Children together.
Husband and Wife divorce.
Husband is court-ordered to pay child support for Children, including thirteen percent of his overtime pay.
Husband’s employer offers its employees the option of receiving compensatory time off for overtime in lieu of overtime pay.
And Husband has opted to forego overtime pay for compensatory time off.
Wife feels that Husband’s election is an effort to circumvent court-ordered child support.
So Wife reports Husband to her local district attorney’s office, which is responsible for enforcing child support where she lives in Tennessee.
And the district attorney’s office advises Wife that Husband is not violating the law … or the court child support order by electing to take compensatory time off instead of overtime pay.
Certainly, it is evident that Husband’s election is not illegal.
But, just as certainly, Husband’s election to take compensatory time off in lieu of overtime pay does violate the spirit and intent of the court order for child support.
Would the outcome be different if the child support court order specifically addressed the possibility of Husband electing to take compensatory time off instead of overtime pay, perhaps by expressly imputing to Husband his voluntarily foregone income and explicitly requiring him to pay child support on it? Wife must be wondering.