Child Support with Commission


#1

I make a base salary every week and then receive a commission monthly based on sales. How is child support calculated when you have a varying salary because you are paid partially on commission?

Also, is there a cap of your salary that can be taken for child support purposes? For example, I have heard that the court cannot take more than 20% of your income in child support. Is that correct?


#2

It is usually based on the average income over the past several years. In recent cases, due to the lack of certainty surrounding bonuses I have seen judges order that support be based on the base salary and a percentage of the bonus (same percentage of the base salary allocated to support) ordered to be paid after receipt of the same.