Legal Question in Family Law in Minnesota

Re: Bonus

Your question is a sticky one and the answer is not cut and dried. The court in Minnesota may consider bonuses for purposes of calculating child support, but I don't believe the court is absolutely required to. The question is usually a matter of how reliable is it that this money will keep coming in the future. If it can't be counted on, the court might fashion an order based upon what can be counted on.

I have seen cases where a percentage of income was ordered in response to this kind of problem, but I want you to know that in general percentage orders are frowned upon. It's too much monkeying around to determine whether the payor is in compliance.

You refer to the payor as your "husband." I am assuming that you are in the process of a divorce that is not complete. If you are already divorced, the answer is in your divorce decree or in any order which amends the decree. The guy pays whatever the decree or order says he is supposed to pay. He would only pay part of a bonus if the order says so - it depends on how it is set up at the time of divorce.

Getting it set up right to begin with is very important. If you are divorcing be sure you have a lawyer.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.