Child Support Mod and I'm on Salary

[NC Mom in Indy]

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

I am on salary, and occasionally I receive a small profit sharing check in March. I recently filed for a Child Support Modification. I gave my financial information to my ex's attorney, and she has inflated it to be 20% greater than it actually is. My paystub says SALARY. The bonus is a oncea year thing. My first paycheck of this year was actually for 2 weeks from last year. So his attorney is dividing my paycheck from 18 weeks as 16 weeks. She is including the bonus in that amount.

My question is this:

Would the correct way to figure my weekly income be my salary for the year plus my bonus divided by 52 weeks?

It makes a huge difference in Child support. She said that if I insist on doing it that way then my ex will refuse to allow his overtime to be included in the CS Calculations. Isn't that upto the Judge?

 

[Zephyr]

are the bonuses or the overtime in anyway regular, promised, guaranteed, recurring etc?

Meaning can you depend on them to happen?

 

[NC Mom in Indy]

are the bonuses or the overtime in anyway regular, promised, guaranteed, recurring etc?

Meaning can you depend on them to happen?

My bonus is NOT guaranteed. My past W-2's make that evident.

My ex's income stays about the same from year to year, and is double what it would be without the overtime he works.

 

[LdiJ]

My bonus is NOT guaranteed. My past W-2's make that evident.

My ex's income stays about the same from year to year, and is double what it would be without the overtime he works.

What I would do, if I were in your shoes, is I would get a print out from your employer showing all of your pay periods for 2009, and your pay periods so far for 2010, to demonstrate the annual profit sharing.

I would also get a letter from your employer, explaining the fact that in your check of XXX date, was included the amount of XXX, which was an annual profit sharing payment.

I would make copies of these for your ex's attorney, and then if the attorney will not cooperate with calculating the CS accurately, then I would let it go in front of a judge.

However, I would both present my own CS worksheet to the attorney, as well as go in front of the judge with my own CS worksheet.