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? about CS and wording of support order

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blueskies

Junior Member
What is the name of your state? GA
At the time of divorce, child support was set.
NCP pays a set amount based on his regular job, but has many other income sources.

The support order reads:
the court finds that there are special circumstances to deviate from the guidelines in that husband has agreed to pay 28% of his montly income as child support. Thus 28% of $XXX equals $XX. Therefore husband shall pay child support In the amount of $XX per month until the children become eighteen years of age, dies, marries, or otherwise becomes emancipated.
upon any increase in his income from any source, the husband shall pay an additional amount of child support at the rate of 28% of the total amount of said increase.

At the time child support was set, the income of the husband was much higher that the amount from this regular job alone, and still is, but since it fluctuated so much, I agreed to just let him pay the additional percentage based on what actually came in above his regular job since it might be a hardship if the extra income went down.

Here is my question. He has not yet, in a year, paid any more that the dollar amount set inthe papers, though he has earned more. The attorney warned me to have it all spelled out since it would take a contempt action to get him to comply if he didn't voluntarily, since apparently CSE can only enforce the dollar amount spelled in the papers.

Now he is getting ready to get a lump sum of $ from his employer, (the federal gov't) as a disability severance package. (a bogus disability, but that is neither here nor there)

What are the chances of getting him to pay the percentage of that as was mutually agreed upon in the papers? How should I handle that? He is getting ready to get about $100,000.
 


seniorjudge

Senior Member
blueskies said:
What is the name of your state? GA
At the time of divorce, child support was set.
NCP pays a set amount based on his regular job, but has many other income sources.

The support order reads:
the court finds that there are special circumstances to deviate from the guidelines in that husband has agreed to pay 28% of his montly income as child support. Thus 28% of $XXX equals $XX. Therefore husband shall pay child support In the amount of $XX per month until the children become eighteen years of age, dies, marries, or otherwise becomes emancipated.
upon any increase in his income from any source, the husband shall pay an additional amount of child support at the rate of 28% of the total amount of said increase.

At the time child support was set, the income of the husband was much higher that the amount from this regular job alone, and still is, but since it fluctuated so much, I agreed to just let him pay the additional percentage based on what actually came in above his regular job since it might be a hardship if the extra income went down.

Here is my question. He has not yet, in a year, paid any more that the dollar amount set inthe papers, though he has earned more. The attorney warned me to have it all spelled out since it would take a contempt action to get him to comply if he didn't voluntarily, since apparently CSE can only enforce the dollar amount spelled in the papers.

Now he is getting ready to get a lump sum of $ from his employer, (the federal gov't) as a disability severance package. (a bogus disability, but that is neither here nor there)

What are the chances of getting him to pay the percentage of that as was mutually agreed upon in the papers? How should I handle that? He is getting ready to get about $100,000.
Q: The attorney warned me to have it all spelled out since it would take a contempt action to get him to comply if he didn't voluntarily, since apparently CSE can only enforce the dollar amount spelled in the papers.

A: I agree. Now, to do something differently, you have a big mess on your hands. If you want something different, then have your lawyer try to modify it.
 

blueskies

Junior Member
Thank you for the reply. I know it is a mess, but there is the wording where he is to pay me the percentage on any additional increase in income from any source. Until this can be modified, what are the chances, do you think, of me being able to get that 28% on this money he has coming in? A modification would not address the past.

I have him recorded on a phone call telling me about a real-estate deal that he figured he'd make 20K on. In the conversation, he says "If I make 20k, you will get your 28% of that", so I'd think that helps make the case (if it goes to court) that he always intended that he would pay the 28% on any extra money.
 

seniorjudge

Senior Member
blueskies said:
Thank you for the reply. I know it is a mess, but there is the wording where he is to pay me the percentage on any additional increase in income from any source. Until this can be modified, what are the chances, do you think, of me being able to get that 28% on this money he has coming in? A modification would not address the past.

I have him recorded on a phone call telling me about a real-estate deal that he figured he'd make 20K on. In the conversation, he says "If I make 20k, you will get your 28% of that", so I'd think that helps make the case (if it goes to court) that he always intended that he would pay the 28% on any extra money.
Q: Until this can be modified, what are the chances, do you think, of me being able to get that 28% on this money he has coming in?

A: The only way to answer that is to take him back to court.
 

blueskies

Junior Member
I did speak with an attorney, and asked if I should modify the agreement. He felt I was better off, though it is worded a bit ambiguous, to leave it as it is, and take a chance on being able to collect the additional percentage of the income above and beyond the regular job. I just wondered if anyone had any experience with any situations like this, and how they came out.
Thanks for your replies.
 

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