Anonymous asked in Family & RelationshipsMarriage & Divorce · 2 months ago

How can bonus/commission be used to calculate child support when its not gauranteed?

I live in Missouri, I make $30k base salary which I am paid bi-weekly. I also can earn bonus and commission if my performance meets the correct criteria. I currently have been ordered to pay $928/Month for almost 2 years now. I have one child who is 9 years old, his mother does not work.

Now keep in mind, I have my own bills also and my salary checks are only $635 after taxes and child support every 2 weeks, so if I don't bonus or make extra commission then I have to pay my bills with $1,270.....

Obviously I bonus majority of the time but my question is, how is that fair to ASSUME I will make extra money? What if I don't? Am I just supposed to not pay my bills because of an unfair calculation/formula? 

What argument do I have by getting a family law attorney?

8 Answers

  • 2 months ago

    same thing happened to me, i paid about 20% more child support because of it for many years

  • 2 months ago

    It's not fair at all man, get a family lawyer that will help you out, explain everything to him. Good luck Bro.

  • Foofa
    Lv 7
    2 months ago

    One assumes they'd use the cumulative of your past tax returns to average some median monthly income. But TBH, I don't know how, even in a lower cost of living state like Missouri, your ex can think she won't have to work and that you can support two households. Go talk to a lawyer. You don't have to hire one if you decide against it and most of them will do a free consultation to see if they can help. 

  • Kelly
    Lv 7
    2 months ago

    You can go to court and try to get a modification of support.  However, that can backfire on you too.  The court will get your income, including bonuses from your employer and if it turns out you're making more now than you were when the order was put in, then they can modify it by raising it.

    You don't need an argument to get an attorney, one will take your money.  They may or may not be able to help you but most give a free consultation.

    If you got hungry today, your kid probably did too.

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  • Tj
    Lv 7
    2 months ago

    did you have a lawyer  when this happen,  go see one and see if this can be reduced. It sounds like too much.

  • Anonymous
    2 months ago

    Child support in Missouri is by calculation using a very specific mathematical table.

    If the support you pay is not in alignment with the table, go back to Court.

    An attorney can help you ONLY if child support is not in accordance with that very specific formula.

  • 2 months ago

     It's too bad that your child's mother has, apparently, decided to attempt to survive on your child support payments of only  $928 a month. That's unfortunate for ALL of you! If you manage to get your support payments cut... will they become homeless? $11,300 or so a YEAR is not a whole lot of money to spend on a child's room, board, medical, transportation, and child care. However, it does suggest that, at your current salary, you don't have much left to live on! Could you live on $11,300 a year? Of course not! Is there a good reason why your child's mother is not financially contributing to the child's care? Do you see your son? Are you paying for the privilege of having her be the sole parent? You could call up an attorney and for something like $140 or so. have a phone call to determine whether it's worth your while to go back to court.

    It's not fair to assume that all wait personnel make tips either but the government has decided to tax them on their cash register rings. Resulting in the reality that if a table does NOT tip their server.. the server is paying the government for the privilege of waiting on that customer. Being taxed on their wages and begin taxed on their register ring. NOTHING fair about that.

  • 2 months ago

    you have no legal argument unless and until there comes a time that you actually don't get the bonus or commissions at which time you can go back to court and show proof of income and renegotiate your payment

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