Child Support/Bonus Question


#1

Dear twostepsons:

Thank you. You just made my night (since it is generally only at night when I get a chance to reply).

First, are you paying pursuant to an order or agreement now?

Next, how is he paid the bonus? Does it show up in his income? If so, how and when?

Yes, this is a reasonable request, but it depends on how the bonus is paid.

The interesting thing is that she will get his retirement, but if he were to go on disability with the military I believe that she stops getting retirement and nothing from the disability payments.

Thank you again for the nice comments. They really help at 10:00 p.m. It is nice for someone not to complain about when I get to answer! Have a great night and good luck!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for the extremely fast response! Wow!

He is paying child support pursuant to the current order (California order that should have been updated to NC long ago, but I will not bore you with all the details. Let me just say it was only a year ago the proceeds to move it legally to NC began).

His bonus is paid in a lump sum in September, so we will get it this year, 2006 and 2007; then, that is it. It does show up in his leave and earning statements (LES) for September (as a lump sum). I would think that it would be logical for the judge to award a specific amount to be paid the month he gets it, but what we have found out is the law doesn’t always follow the logic we have created [:o)]. I am surpised at the amount of taxes taken out, which leads me to the last question, would the payout be bases on Gross or Net (I am sure it is gross, but thought I would verify)?

Thank you so much! I pesronally have to refrain when I read posts that are demanding an answer because I know and everyone else should too that this is a courtesy and community service tool/project and it is as you or another attorney can get to it.
Anyway, you are the best and if I have to I will wait days and even weeks for your opinion.

Have a good day!!


#3

Dear twostepsons:

Greetings. We aim to please at our office…therefore, the fast response.

The child support is always based on gross income (why, probably because people can change their net income through exemptions, etc.)

Hopefully I won’t keep anyone waiting days anymore. Sometimes I think about just not answering when people get demanding, but then I think about how stressful divorce and child custody issues are…and I remember why I started doing this work…and the answers come (still with me being annoyed, but at least I answer). [:D][}:)][:D][}:)][:D][}:)][}:)][}:)][}:)]

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Ms. Fritts,

Thank you so much for the time and effort you put into this site. You are truly amazing with how concise and informative you are.

I know the answer to my question will be it depends on the judge, but your opinion would be greatly appreciated.

According to NC guidelines we are overpaying c/s and have been for quite some time. It is not that she will hurt if c/s is lowered because she has A LOT of money in the bank. This issue will be brought before a judge along with custody soon, but the more we discuss the issue the more I would like your opinion.

My husband gets a bonus while in his present job (military) of lets say $25,000. He will retire in 3 years and this bonus will no longer exist. In calculating child support it makes about a $100 -120 difference a month if we add the bonus. What we would like is for the bonus to be left out of the general calculation (meaning monthly payment) and for his X to get a portion of the bonus while it exists. Is this a fair/reasonable request? In your dealings, is this something you believe the judge will order? Does a judge normally award a % or a straight amount? Mind you, when he retires the X gets about 23% of his retirement so once the bonus stops she will continue to get the benefit of his military service.

I appreciate any insight or suggestions you may have regarding this matter.

This website has been a comfort to me while going through the custody battle we are in. I check it often see if somone else’s question or your answer can help me.

THANK YOU!!