CS based on hourly wages as well as commission?

[DGO1223]

What is the name of your state? GA

My husband's ex is going for an increase in child support for their daughter. Another one turned 18 several months ago, so she is no longer an issue.

We have no problem with an increase, since the CS was set at X amount 4 years ago. My husband's salary has increased very little since then. He does receive commission from time to time, but it is never a guaranteed thing, as his company changes how they do it all the time, and snatches it away from all the employees at will.

If the court gives her an increase based on a yearly average of this year's wages, his commision could very well drop to nil, say, next year, then of course he will be paying more than he should. How is this handled, other than getting a lawyer every year and having it adjusted to that year's wages? She also makes twice the money he does, but that probably doesn't make any difference in our state.

Also, I believe this is going to be just a requested adjustment by her, as she has consulted with her lawyer, who is also a good friend, as the lawyer at this point is just asking for his latest check stub from him. He has not asked a lawyer anything at this point, as we just can't afford to right now, and hope they can come to a reasonable agreement .

Thanks,

Gayla

 

[Gracie3787]

What is the name of your state? GA

My husband's ex is going for an increase in child support for their daughter. Another one turned 18 several months ago, so she is no longer an issue.

We have no problem with an increase, since the CS was set at X amount 4 years ago. My husband's salary has increased very little since then. He does receive commission from time to time, but it is never a guaranteed thing, as his company changes how they do it all the time, and snatches it away from all the employees at will.

If the court gives her an increase based on a yearly average of this year's wages, his commision could very well drop to nil, say, next year, then of course he will be paying more than he should. How is this handled, other than getting a lawyer every year and having it adjusted to that year's wages? She also makes twice the money he does, but that probably doesn't make any difference in our state.

Also, I believe this is going to be just a requested adjustment by her, as she has consulted with her lawyer, who is also a good friend, as the lawyer at this point is just asking for his latest check stub from him. He has not asked a lawyer anything at this point, as we just can't afford to right now, and hope they can come to a reasonable agreement .

Thanks,

Gayla

You are correct that the ex's income being higher doesn't matter, in Ga. CS is determined using only the NCP's income.

You said that your husband's income has increased very little and one child has reached age 18, so it may very well turn out that although ex is asking for an increase, the CS may actually decrease because of one less minor child subject to support.

As for the commisions go, my advice is to take all of the past 1 years paystubs, add up the total commisions paid to hubby, then divide by twelve to come up with an average monthly amount of commisions.
If you do that for the last 4 yrs. incomes also, compare the amounts of commisions from year to year. If there is any kind of pattern, such as commisions decreasing from year to year your hubby could use that to show that expected commisions for coming year will be less than before.

A consultation with an attorney doesn't cost very much, so if he can, your hubby should check with one, just to be sure.

 

[VeronicaGia]

Well, your other option is to try to wait this out until the first paycheck of 2005.....if anyone knows a reason why our poster cannot do this, please speak up as I don't want to get our poster in hot water.

Is there a time limit on this "request" from the attorney?

 

[Gracie3787]

Well, your other option is to try to wait this out until the first paycheck of 2005.....if anyone knows a reason why our poster cannot do this, please speak up as I don't want to get our poster in hot water.

Is there a time limit on this "request" from the attorney?

Oooh, good idea, wish I had thought of that, but my brain is slowing down from "holiday overload" LOL.

As long as the request wasn't in the form of a legally served subponea with a date for disclosure I don't see any reason OP would get into any hot water by waiting until last paycheck of year.

 

[ddgoss]

Oooh, good idea, wish I had thought of that, but my brain is slowing down from "holiday overload" LOL.

As long as the request wasn't in the form of a legally served subponea with a date for disclosure I don't see any reason OP would get into any hot water by waiting until last paycheck of year.

I am sorry, but you do need to make sure then when you fill out the forms for your monthly bills, income, etc, that you do not get caught by only trying to use his last pay stub, because they CAN subpoena tax records (W-2s) and anything that he has that is a source of income.

 

[DGO1223]

He has not yet received anything in the mail from her lawyer. He has already sent her a copy of his latest hourly wage statement that shows his current salary, with the status of any pay raises for this past year. He did not send her his latest pay stub, it does show any yearly commissions he has gotten this year.

ddgoss: if he does get paperwork from her lawyer and it asks for info regarding his monthly bills, income, etc. and when he submits it, I thought that HIS monthly bills, expenses did not matter legally here, they don't take into account his living expenses. Or do they just ask for that as a routine matter?

Thanks,
Donna