Legal Question in Family Law in California
If i receive a bonus most but not all quarters of the year. Can that be used in calculating my total income? Even though these are not guaranteed? It ends up being about 20% of my total yearly income. With this amount of income. I will be paying 80% of my income to my ex. Will a judge allow this?
3 Answers from Attorneys
Your question makes no sense. How does adding 20% to your annual income result in you paying 80% of your income to your spouse? In any case, not only can it be, it must be used in some manner in calculating support. You fail to mention whether you are talking about child support only, spousal support only, or combined. So it is impossible to tell you how it would actually impact your calculation of a final support number. If you are talking just child support the court will first have to determine how certain it is that this income will be recieved. If it is completely discretionary, infrequent and irregular, the court may make your ex come back and ask for a cut of a bonus when it is paid. If it is part of a regular compensation plan, paid regularly in predictable amounts, with a long history of payment, the court will probably count it in your annual income and divide by 12 to come up with a monthly income figure. If it's only relatively certain and fairly predictable, the court may exclude it from income for monthly support but order you to pay a certain percentage of each bonus when it is received. If spousal support is involved, it gets way more complicated.
What I believe you to be saying is that the order is 80% of your income every month if you don't save the quarterly bonus. You should consult an attorney to determine whether you should request what is called a Smith-Ostler order that would require you to pay a percentage of your bonus every quarter. For more information, you can refer to http://www.ellifritzlaw.com