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Commission checks-- Is a % of income ever awarded?

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leslieedwards

Junior Member
What is the name of your state? Texas
I am divorcing a salesman who has a salary but also gets a commission check that varies quite a bit. We have two children and I was wondering -- Is there cases where the court will say award a certain% of his income for child support? If so how does the court know how much he gets paid or if it is accurate? How can I ensure an accurate account of his income because of this varied pay? I would appreciate any advice because this man could really "do me dirty" if I don't bring my "A" game. Thanks
 


qurice

Member
You will want to make sure that tax returns are included with the financial statements. The percentage will never "slide" according to what he makes. That's where the tax returns come into play. An average monthly amount will be calculated and the CS will be a percentage based on the monthly net income.

Here is some more info for you to become familiar with:

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

§ 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever
feasible, gross income should first be computed on an annual basis
and then should be recalculated to determine average monthly gross
income.

§ 154.062. NET RESOURCES. (a) The court shall calculate
net resources for the purpose of determining child support
liability as provided by this section.
(b) Resources include:
(1) 100 percent of all wage and salary income and other
compensation for personal services (including commissions,
overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting
operating expenses and mortgage payments, but not including noncash
items such as depreciation); and
(5) all other income actually being received,
including severance pay, retirement benefits, pensions, trust
income, annuities, capital gains, social security benefits,
unemployment benefits, disability and workers' compensation
benefits, interest income from notes regardless of the source,
gifts and prizes, spousal maintenance, and alimony.
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable; or
(3) benefits paid in accordance with aid for families
with dependent children.
(d) The court shall deduct the following items from
resources to determine the net resources available for child
support:
(1) social security taxes;
(2) federal income tax based on the tax rate for a
single person claiming one personal exemption and the standard
deduction;
(3) state income tax;
(4) union dues; and
(5) expenses for health insurance coverage for the
obligor's child.
 

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