Legal Question in Family Law in California

If you do not anticipate future bonuses, you can argue that the court should only use your base pay to calculate support. Bonus money can be used as a basis for calculating support.

Bonus payments are one of the trickiest areas of child support law. Your concern seems to be mainly about the tax treatment, though, which is pretty simple. Although your bonuses are hit with a high tax WITHHOLDING rate, they are not actually taxed any different in the end than any other employment income. When you file your tax return after the end of the year, you are taxed on the total income at the appropriate rate. The bonuses are lumped into your income - not taxed any higher - when the final taxes due are calculated and the IRS decides if you have to pay or get a refund. Most people who have bonuses that are withheld at the higher rate then get a refund, unless their other income is withheld at too low a rate. The DissoMaster program knows this and figures your after-tax income based on your actual tax rate for all income earned. The bigger issue, however, is the one Ms. Kock mentions - are you likely, unlikely, certain or what to get these bonuses in the future. If the bonuses are uncertain in award or amount, there are legal principals and structured orders available to assure you only pay support for bonuses you receive, not projected bonuses that never materialize. You should consult with a local Family Law attorney about that.