how is commission calculated in child support?

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Latest post 06-30-2011 4:28 PM by superman1. 7 replies.
  • 06-30-2011 8:33 AM

    • ashton1
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    how is commission calculated in child support?

    I have a job where I occassionally see a bonus, some would call it commission, based on sales.  My base is low and the bonus' come in too irregular to be considered a normal thing.  If my child support goes high enough to reflect my bonus' as they were coming in regularly, I will not be able to pay my normal bills during the time where I see no extra money.  I have gone 3 months now with no bonus payout and looks like I will go another three.  My ex-wife is taking me back to court saying I should pay her almost 1k a month in child support based on my income when my gross each month is roughly 2600.

    My question is how is commission/bonus calculated in child support when it is so irregular and may not happen the rest of the year?

  • 06-30-2011 8:44 AM In reply to

    • Kivi
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    Re: how is commission calculated in child support?

    The court is going to look at you annual earnings and divided by 12. It would be your responsibility to not spend your bonus as soon as it is received so that you can cover the lean months. My guess is that she already has or will ask for a copy of last year's tax return.

    I don't know how much money you are talking about. If you got bonuses four months out of 12 in 2010 than your ex is going to argue that is the pattern and ask the court to calculate support on that basis. If so, far this year, you have only gotten one bonus in six months, then you need to argue that last year was an exception and that the pattern this year, so far, has been only one bonus in the first six months of the year because of the down economy, etc.

    But, don't expect the court to disregard them altogether. They are income for child support purposes.

  • 06-30-2011 8:51 AM In reply to

    • ashton1
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    Re: how is commission calculated in child support?

    Yes she has already asked for tax returns.  here are some details:

    2010 no opportunity to make bonus, higher salary

    december 1 2010 salary cut in half (stay and take this pay or there is the door situation)

    boss bonusses me out from time to time but it is speratic based on sales numbers as i stated above. so there is no prior history leading up to this year.  last year's tax return is now not reflective of the situation given my pay is differnet.  my ytd on my pay stub says one thing based on the bonus' however my take home is so small its terrible... i have spread it out but thats gone now too, so if she recieves the increase i wont be able to support my family.

  • 06-30-2011 8:57 AM In reply to

    Re: how is commission calculated in child support?

    Since we are over 6 months into the year- your year to date will be an accurate reflection of your income;  your bonuses or commissions will be reflected for the coming 6 months as they were for the last 6 months;  if anything changes-and there are no comparative bonuses- you can file for a modification

  • 06-30-2011 9:03 AM In reply to

    • ashton1
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    Re: how is commission calculated in child support?

    Makes sense - hopefully I get some more bonus money because if I dont and the number goes up, its going to be bad over here.


    Here is a question - daycare is currently included in child support, she carries the monthly fee.  recently she hasnt been sending my son to daycare and i am still paying for this.  i have asked twice now to get the number removed from child support so i can pay my portion directly to the facility to avoid over payment to her on the instances where he is not sent.  he is not sent for illness or any particular reason, she just wants to pocket the money without having the pay the bill.  any thoughts on how to get daycare removed from the calculation so i can make my payment directly based on usage?  i even have an email from her where she states, she decides when he goes and when he doesnt...so i am paying for this year round and he isnt even in for weeks at a time.  and we arent talking about a small fee, its 700 a month for his daycare bill.

  • 06-30-2011 9:23 AM In reply to

    Re: how is commission calculated in child support?

    The way it is written into my divorce decree, I pay (I'd have to look to be exact, but about) 33% of the gross of any bonus that I receive. 

    So my child support montly is based on my salary.  If I get a bonus, I send that percentage within 30 days.

    My bonuses sound a bit like yours.  We've had years when there were no bonuses, and years when we have gotten several bonuses.  It really just depends on how well the business is doing.

    Anyway, that is the agreement we came to.

  • 06-30-2011 9:26 AM In reply to

    • Drew
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    Re: how is commission calculated in child support?

    I'd be sure to try to get my new lower pay for at least 6 mos of 2011 into the equation!



  • 06-30-2011 4:28 PM In reply to

    Re: how is commission calculated in child support?

    No idea on the day care.  I never had to deal with that thankfully.

    You really should ask your lawyer on it.

    Maybe you could deal with it based on her sending you the expense, kind of like medicals?

    She sends you the expense, the proof and you pay your %.  That would be my humble thought.

    As for your bonuses, if they are anything like mine, you'll want to figure a way to pay only a percentage of what you receive.  I've had some good years and some not so good years.  My income can vary pretty wildly.  It sounds like maybe you are the same.

    Only thing, I can think of, however, is if your base salary is really low?  I don't think you are going to be able to claim a $25k/year salary, if you usually are making closer to say $100k/year, you know what I mean?

    I was already high end of the charts for child support, so it was not an issue.  Hopefully your base salary is enough that they believe you shouldn't be earning more.  My lawyer warned me about that also.

    Overall, however, if she's taking you to court, all you can do is bring all your information, and your lawyer of course:) and hope for the best!

    Good Luck!

     

     

     

     

     

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