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I have a question about how child support is calculated in…

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I have a question...

I have a question about how child support is calculated in the state of Florida.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

A lawyer that's helping my wife wants to use my 3 year avg to run child support numbers. I'm okay with that, but I make a salary plus bonus. For easy math purposes...let's say I make 100k and my 3 year avg is 120k. But let's say for the year I make no bonus and I just made the flat 100k. Now I have overpaid her the entire 2018 year, right? Why would we not use my base salary and if that number comes out to where I owe her let's say 100 a month. 100k/12months is 8333 a month and 100 a month is .0120 of my monthly income. Why would they not take any bonus I get (quarterly) and just pay her .0120 of that so she has that money now and not wait until 2019?

Lawyer's Assistant: Because the Lawyer will solve your problem quickly right now and for a fraction of the cost of seeing an in-person Lawyer.

I don't understand your last question

Lawyer's Assistant: Has anything been filed or reported?

We are redoing our child support it's been 4 years. I have not averaged more than my total that was used back 4 years ago.

Submitted: 4 months ago.Category: Family Law
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Answered in 17 minutes by:
3/12/2018
Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Her lawyer wants to use your three year average to calculate support because that could potentially get her more money. The unfortunate reality is that sometimes when a person's child support is based on a flat percentage of their pay including bonuses and commissions, they'll choose to work less and get lower bonuses/commissions in order to avoid paying. And taking an average protects her in the event that your employer stops paying bonuses or changes the bonus structure. The goal of the lawyer helping your wife is to get her as much money as possible. That doesn't mean you have to accept their figures, but that's why they're going that route.

You can request that bonuses be separated out and paid as they're received based on a flat percentage. However, since Florida law defines "income" to include bonuses and commissions, the judge likely wouldn't approve that request unless you can get your wife to agree.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Family Lawyer: Lucy, Esq., Lawyer replied 4 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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