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.
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.