Legal Question in Family Law in Massachusetts
I am in sales and receive a base salary of $74,647 annually. My commissions and other bonuses would put me well over the $75,000 annually. For the purpose of modifying child support, do I complete the short form as my salary was under 75K in 2013, or must I complete the long form as total compensation exceeded 75K?
Also, in determining weekly support amounts, would you include guaranteed pay only? (salary)
2 Answers from Attorneys
You should use the long form since your income exceeds $75,000.00. Child support must include all income including bonuses. There are different ways of working this out. One method is higher weekly payments. Another method is to make additional payments when bonuses are received.
You should use the long form, which is required when your GROSS pay is north of $75K, which it is. As to the weekly child support calculation, all of your income is considered, including bonuses. However, there is some wiggle room for the judge on how much of the bonus money is included for child support and how it's calculated.