It can take a while before he is served depending upon the case load. I would ask my lawyer those tow questions, I.e., when does he/she anticipate that he may be served and if it's going to be after the holidays, how will the judicial system look at your h/s situation if he cuts back his hours? In some states, they look at the "straight" pay and don't consider the overtime in the equation...that would also be something you need to ask your lawyer because overtime is not a guaranteed income each payday.
His overtime is technically part of his base pay because he can't get out of it or at least he couldn't before the promotion. He's been rolling in cash for the least year and didn't count on me finding out about it.
I called court from my work phone so they could see I too work in a court . Got a really nice person and she said my complaint was filed on Nov 18th but a summons has not been issued yet. She said my attorney is good/nice and if she saw her she'd ask for me. I hate that because I don't like to bother people although the attorneys (the regulars) we work with are nice.
I knew WAH hadn't been served because he's spending like he isn't about to get hit with attorney fees, higher CS and alimony.