Andrade

Appellant Placer County appeals from a child support order which excluded respondent Michael Anthony Andrade’s bonus and overtime pay from his “annual gross income” for purposes of calculating his support obligation.

We shall reverse the judgment and remand the case for reconsideration consistent with this opinion.

Factual and Procedural History

On July 13, 1993, Placer County filed a complaint against Michael Andrade (Andrade), to establish paternity and child support. Andrade stipulated to a judgment that he was the father of Candace Jade Booth. He submitted an income and expense declaration stating that his average gross monthly income for the past 12 months had been $1,700. At the support hearing, Andrade indicated that he had just received a raise, and that his gross monthly income was $1,837.

Placer County argued that in 1994 and 1995, Andrade’s gross monthly income, including overtime and bonuses, had been $2,287 and $2,318, respectively, and that in the first six months of 1996, his average gross income was $2,617 per month. Andrade’s counsel argued that “the overtime is speculative and, in fact, he’s been cut back almost to nothing due to a merger which his…