Q: Received bonus before divorce was final and was marital property. Can that be used as basis for child support re-eval?
My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last year. My ex wants to use last years income as basis for child support. Is it possible that court will use my actual current income rather than last years "anomaly" considering half went to my ex and my actual earnings to support child have been reduced by at least 20%? I also fully support my 18 year old son in college, will the court take any of that in to consideration?
A: The court generally looks at most recent income, however if there is a reason to average over time, such as fluctuating bonuses, then an argument can be made for that.
A: The court should use your current income. Sometimes, your prior years' income is considered a good indicator of your current income. You should run the child support calculations to see if it really makes much difference. Your contribution to your son's expenses will only matter if he is a child of the marriage. you should get a lawyer to help you with this.
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