Legal Question in Family Law in California
I have been divorced 9 years. I receive child support & alimony. I receive a specific amount monthly plus a percentage of what he makes beyond the monthly salary (his commission). He just got laid off and is receiving a severance pay for 11 weeks. Since he is getting that amount in a lump sum and I am entitled to a specific% above his regular salary each month, should I get a % of the severance. Wow, this is confusing. Hopefully you understand my question.
1 Answer from Attorneys
There is no clear cut answer on this, but it would seem that the proper calculation would be to deduct 11 weeks of base salary from the payment, and then you get the specified percentage of anything above the 11 weeks base salary, since that would represent severance on the commission. The percentage would be payable immediately since he is being paid lump sum. Then he would only owe the specified amount in the support order, but no percentage, going forward until he finds a new job, or files a motion to modify support based on losing his job. Once he finds a new job, you will need to decide whether to move to modify support, depending on whether his pay will be higher or lower. If he gets a non-commission job, you will definitely need to modify the order.