Mansouri Law Offices
Call to Schedule Your Consultation
310-853-1006

How do bonuses and overtime figure in to child support?

Many workers in the greater Los Angeles areas gladly accept the opportunity to earn overtime when their employers offer it to them. Many others eagerly await, and sometimes even expect, periodic performance bonuses and other extra payments employers customarily give during holidays or even just because. Among executives and other high earners, these bonuses can be significant, frequently being worth tens or even hundreds of thousands of dollars.

As this blog has mentioned before, a California parent's child support gets determined primarily based on the income of each parent. In theory, this would include bonuses and overtime, even if someone may argue that such payments are not ever guaranteed.

California's law specifically provides that bonuses are income that must be included in a child support calculation. Likewise, to the extent that overtime pay is included in one's salary or wages, courts must also account for it when determining a child support obligation.

However, there is an important caveat to this general rule. Specifically, courts in California may take notice that a parent's income could fluctuate from time to time. This would be the case when a parent's overtime is not guaranteed or when the amounts of a bonus vary and are not dependent on a person's meeting specific expectations.

It should be noted, though, that courts have the discretion to modify one's child support under such circumstances. They do not have to do so. Therefore, someone who believes that his or her bonuses or overtime should not be counted on for child support purposes will have to present evidence and arguments to prove his or her case. Getting the assistance of an experienced legal professional can be helpful in this respect.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • State Bar Of California | CBLS | California Board Of Legal Specialization
  • Beverly Hills Bar Association
  • LACBA | The Los Angeles County Bar Association

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us

Mansouri Law Offices
350 S. Beverly Drive, Suite 330
Beverly Hills, CA 90212

Phone: 310-853-1006
Fax: 310-277-8500
Map & Directions

Review us
Email Us For A Response