Termination of Annual Bonus Payment

[RCiancia]

What is the name of your state (only U.S. law)? New York

As part of a divorce settlement, the agreement stipulates that a)Alimony ends on 10/22/11 (Youngest child turns 21). b)Child Support ends when Child is 21 , or enrolled full time in a matriculated college until graduation or 22 years of age. c) .."and in addition to support and maintenance, shall forward Former Wife , Once per year, an amount equal to .3525 of gross amount of annual bonus. Sums to be inclusive of all obligations of the former husband for the support and maintenance of the former wife and the children".


As of Jan 2012, youngest child is NOT enrolled full time ( but part time), scheduled to graduate in May of 2012 from college, the former husband(me) has agree to continue paying child support until Graduation. The question at hand ; Is the former wife entitled to a portion of the annual bonus payable in Feb 2012, since the child is 21 , not enrolled full time, alimony has ceased, but still receiving Child Support until May 2012(graduation). I want to be fair since the wording is ambiguous.

 

[mistoffolees]

What is the name of your state (only U.S. law)? New York

As part of a divorce settlement, the agreement stipulates that a)Alimony ends on 10/22/11 (Youngest child turns 21). b)Child Support ends when Child is 21 , or enrolled full time in a matriculated college until graduation or 22 years of age. c) .."and in addition to support and maintenance, shall forward Former Wife , Once per year, an amount equal to .3525 of gross amount of annual bonus. Sums to be inclusive of all obligations of the former husband for the support and maintenance of the former wife and the children".


As of Jan 2012, youngest child is NOT enrolled full time ( but part time), scheduled to graduate in May of 2012 from college, the former husband(me) has agree to continue paying child support until Graduation. The question at hand ; Is the former wife entitled to a portion of the annual bonus payable in Feb 2012, since the child is 21 , not enrolled full time, alimony has ceased, but still receiving Child Support until May 2012(graduation). I want to be fair since the wording is ambiguous.

Unless you've left something out, it looks to me like you owe her the bonus forever.
a) covers alimony
b) covers child support
c) covers the bonus IN ADDITION to child support and alimony. I don't see an end date.

I suspect you're going to have to petition the court to have it terminated. If you are paying roughly the standard child support, then I would argue that the bonus is alimony and should be terminated when alimony ended. OTOH, if you were paying below guidelines for child support with the understand that your bonus would make up the difference, it would continue until CS ends.

Given your facts, I would file immediately to terminate it and put the money into a separate account (or give it to your attorney to hold) until the court hears the matter.

 

[RCiancia]

The agreement implies it all ends when the last child is emancipated. Offically that has occurred since he is not enrolled Full Time and is over 21. I have agreed to pay the CS until he graduates in MAY , making May 1st the last CS payment. Based on that, I expect that the Divorce Settlement Agreement is deemed fulfilled in full and no longer in force.

What I may do to be somewhat fair is give her a reasonable portion of the bonus since the Child is still in school. This would avoid any legal actions and provide her with a little extra money to help her adjust to losing CS.

Sound ok to you ?

 

[Ohiogal]

The agreement implies it all ends when the last child is emancipated. Offically that has occurred since he is not enrolled Full Time and is over 21. I have agreed to pay the CS until he graduates in MAY , making May 1st the last CS payment. Based on that, I expect that the Divorce Settlement Agreement is deemed fulfilled in full and no longer in force.

What I may do to be somewhat fair is give her a reasonable portion of the bonus since the Child is still in school. This would avoid any legal actions and provide her with a little extra money to help her adjust to losing CS.

Sound ok to you ?

You need to file to terminate in COURT giving her the bonus because it does NOT have an end date. The bonus payout is an ADDITIONAL payout.

 

[mistoffolees]

The agreement implies it all ends when the last child is emancipated. Offically that has occurred since he is not enrolled Full Time and is over 21. I have agreed to pay the CS until he graduates in MAY , making May 1st the last CS payment. Based on that, I expect that the Divorce Settlement Agreement is deemed fulfilled in full and no longer in force.

What I may do to be somewhat fair is give her a reasonable portion of the bonus since the Child is still in school. This would avoid any legal actions and provide her with a little extra money to help her adjust to losing CS.

Sound ok to you ?

I don't see anywhere in what you gave us that implies that the bonus ends when the child is emancipated.

There are 3 sections.
a) ends when the child is emancipated
b) ended a few months ago
c) has no end date

Unless there is more that you haven't given us, you have to pay c) (the bonus) as long as you're receiving a bonus.

You need to file to have it terminated.

 

[RCiancia]

I reread the settlement agreement and the transcript of the hearing. It loosely states that Bonus is used to suppliment Child Support, so I have legal grounding to end the Bonus payout when CS ends. Thank you all.

 

[Ohiogal]

I reread the settlement agreement and the transcript of the hearing. It loosely states that Bonus is used to suppliment Child Support, so I have legal grounding to end the Bonus payout when CS ends. Thank you all.

The TRANSCRIPT is NOT the court order. You still have to file to terminate it.