Family and ASUME reject excluding overtime from the calculation of child support.

Family Department rejects a bill to exclude overtime from child support, saying it would unfairly affect custodial parents, during a hearing before the House Social Welfare Committee, chaired by Ricardo “Chino” Ocasio Ramos.

By THE STAR STAFF

The Department of Family Services expressed strong opposition to two legislative bills that seek to exclude overtime pay from the calculation of child support, warning that the measure could negatively affect the well-being of minors.

The administrator of the Child Support Administration (ASUME), María del Mar Mateu Meléndez, told the House Social Welfare Committee that the proposal does not address a real problem within the system. On the contrary, she argued that it would reduce financial protection for minors and create unequal treatment, to the detriment of the custodial parent.

House Bills 1140 and 1161 propose that alimony be based solely on the regular net income of the paying parent, excluding overtime pay. Their authors, Representatives Félix Pacheco Burgos and Ensol Rodríguez Torres, argue that the measure seeks to alleviate the financial burden on workers fulfilling their family responsibilities in a context of high cost of living.

However, Mateu Meléndez explained that the current system already includes safeguards to prevent injustices. He indicated that non-recurring overtime hours can be excluded and that variable income is averaged. Furthermore, he noted that only additional income that is consistently maintained for at least 36 months is considered, and that administrative judges have discretion to adjust pensions on a case-by-case basis.

The Speaker of the House, Carlos “Johnny” Méndez Núñez, requested a detailed analysis of the measures, including an evaluation by the Department of Justice, and warned of possible constitutional challenges related to the legal obligation to provide food.

On the other hand, several labor unions supported the proposals, arguing that a more flexible system would allow workers to improve their financial situation without affecting their ability to contribute to their pensions. Among them, the General Union of Workers and the Police Members Association highlighted that the exclusion of overtime pay could represent financial relief, especially for employees of security agencies, whose additional income is often irregular or delayed.