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Bonus payout - gross vs. Net

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#1 ScubaTerri


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Posted 06 December 2012 - 03:46 PM

I REALLY need to get a clear answer on this please!

We pay spousal and child support to my husbands X. In additional to the monthly support, he also earns a yearly bonus which varies GREATLY year to year. Since his bonus is speculative, he pays out a percentage of his bonus when he receives it.

His bonus was put into the dissomaster program, and a table was created with a sliding scale and percentages. He has been paying his wife these percentages off his net bonus that he receives for the last several years.

Just recently, we were just told that we should be paying off the Gross and not the Net bonus. If we did that, his X would be getting 65% of his net take home bonus, with another large chunk going to Uncle Sam!

Does anyone out there know the correct answer to this? I can't see why monthly SS & CS would be calculated and paid off of net disposible income, but bonus income would be calculated and then paid of gross. That would leave nothing to us, and his X would be receiving WAY more than we put into our own pockets.

We are located in California. I have reveived a cople replies that are referencing child support. We are not talking about the child support, we are trying to clairify how the BONUS is paid out and why would it be calculated any different than the monthly support that we pay??? Meaning, paying off of net disposible income, not gross income. We have two different San Diego attorneys giving us different answers.

Desperate for a correct answer to this taunting problem.

Thank you!!!!

#2 Ted_from_Texas


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Posted 06 December 2012 - 07:44 PM

Each state's child support guidelines are different, and you didn't identify the state. Furthermore, what's meant by the terms "net" and "gross" in this context may vary according to the wording of the applicable statute(s) in that state. You don't say who told you you "should be paying off the gross" but if it wasn't a licensed, practicing family law attorney you need to take what they said with a large grain of salt. To get a definitive answer to your question, you really need to speak to a local family law attorney. Sorry I can't be more helpful.

#3 ScubaTerri


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Posted 07 December 2012 - 12:29 PM

we are in San Diego, CA

#4 Guest_FindLaw_Amir_*

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Posted 07 December 2012 - 12:38 PM

I agree with the previous poster, this is a matter you may wish to consult with a local California Family Law Lawyer to address. I also suggest you visit the Family Law Center and read Child Support as a good resource.

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