How are bonuses and commissions handled in support calculations?
CAj_ramos1 month ago
Half my income is variable bonus and commission. Will support be based on my base or on total?
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✓ Verified answer from a licensed attorney — shown first
Two approaches. (1) Average the last 2-3 years of total comp (W-2 Box 1) and use that as the monthly income. Works for predictable variable comp. (2) Set support on base pay alone and add a 'Smith-Ostler' percentage on bonus / commission income (e.g., 15% of every bonus paid as additional child support within 30 days). Common in CA when the variable piece is large and irregular. Each side's negotiating position depends on whether base or bonus is bigger in YOUR pay mix — make sure your attorney models both before agreeing.
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.