Counting bonus pay towards child support

[momofrose]

What is the name of your state? NJ

Currently going through child support review (brought on by ex) - I have been paying $26.00 more per week than guildelined for the last 2 years (so that we would n ot have to make an appearance in court). In the last c ourt papers it gave me the option of child support review in January of 07 after receiving 2006 financial information. I decided that I would not file since we were co- parenting pretty well..I did not want to create any animosity. Anyway - I recently asked CP if he would chip in $45.00 a month for our daughter's gymansitcs, explaining that he would still get more money than guildelined, but would be helping out with her tuition.

He said "no" and decided he wanted to get counsel involved..so he retained, and I retained. I have an imputed income of $60,000.00 - his income for this year (judging by his paystubs) will be $73,000.00. This worked out to a $56.00 a week chiild support payment (me to him - I have her 40% he has her 60%).

He is insisting that his bonuses can not be counted towards child support calculations because they were "paid high" this year (about $10,000.00) -

Would not a court take into considerations ALL income inclusive of bonus?

Thanks

 

[lwpat]

If he normally gets bonuses they will count but may be averaged over the last several years.

 

[MrsK]

Well, is it really fair to count $10k in bonus if he will probably only get $5k every other year, or maybe none some years at all?

 

[Gracie3787]

Well, is it really fair to count $10k in bonus if he will probably only get $5k every other year, or maybe none some years at all?

It might not be fair, but it all depends on exactly what the OP's state's laws are. For instance, in FL, bonuses are counted even if they are recieved only once in 20 years.

I don't know what OP's state's laws are on this, but OP should look into what the law says.

 

[momofrose]

I spoke with my attorney and he said that in NJ that if my income information showed "bonus" that that would be counted towards child support but that i could ask for a review of financial information in 2 years - I assume that this would hold to the CP that received the child support as well...in other words, his bonus would be counted for calculation purposes and applied, but he could ask for a review 2 years from date of filing.

I tried to google this to find the info but I could not find anything concrete.