Legal Question in Family Law in California
I have a court appearance coming up and I have been on the Web, at the Library, bookstore, ALL OVER to find out how to help myself but I need some help now. I am in CA and I pay child support. The hearing coming up is to modify that order. I make a base salary and quarterly bonuses. Those bonuses are performance based and not ever the same amount. They vary from $60 to $3,500. I found some info that suggests that I can argue that since they are not guaranteed in frequency or amount they should not be included as such. Does any know of a precedent I can look up in Case Law? or a form from somewhere? or some kind of Law and Order Type of statement I can use ex: "In Smith vs Smith they contend that... blah blah Sam Waterson ...". (Just kidding.) I just don't want to be paying money I really don't have and I'm not sure if I'll be getting. Conversely can I ask that since they are quarterly could they raise my support for those 4 months but not the remainder of the year? Thanks all.
3 Answers from Attorneys
You can ask the court to set child support at the guideline amount without the bonuses, plus a percentage of the bonuses as each is paid. This way you only pay the increased amount when it is received.
Here's the best quick help I know of - what the judge will read about it: http://www2.courtinfo.ca.gov/protem/pubs/bg201.pdf Take a look at sections 201.09 and 201.15. The first question is how certain they are - the burden on you is to show not only that they fluctuate quarter to quarter, but also year to year. Otherwise the court will take your annual income and divide by 12. It is then up to you to set aside money in the high paying months to pay support in the lower paying months. If you can show that the bonuses are entirely unpredictable (burden of proof on YOU), then you can request an order that you only pay regular support on your salary income, and then quarterly or on some other schedule you will provide your ex with all your pay records and pay a certain percentage of whatever bonus payments you have received. In either case, it will be up to you to hold onto enough of the bonuses to meet the additional support due when due. The court is not going to impose a fluctuating monthly rate order.
The court make what is referred to as a Smith/Ostler award. In other words, as already stated, that it has a flat rate order with a percentage to be paid based upon the fluctuating bonus whenever it is paid. Good luck!
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