SPARC Forums

Hi Soc,

What is used for compensation reference in setting guideline support, specifically with sales professionals.  My offer letter of current employer details salary of X and that would be doubled if commissions are earned at target goal.  Given the tech meltdown, no commissions to be had and most recent year W-2 ....as well as year to date (thru June!) shows zero commissions.  What will judge most likely use for child support?  Thx-

Your primary obligation is to show your actual recurring income. If the other parent believes that you have an earning capacity in excess of your actual income, then he/she must prove this.

Earning capacity is (1) the talent and ability to work, (2) the availability of work comensurate with your talent and abilities, in the market where you generally work, and (3) the willingness to seek said work.

Prove all three and your income will be imputed and the court will order you to seek work that matches your earning capacity. Otherwise, the court will order support based on your actual income.

Your argument is pretty good that you have every incentive to earn more, but that there is no more to be earned at the moment.

Courts have the ability to order you to pay a base support amount and then a percentage of any additional irregular earnings. This generally isn't ordered, however, because it is difficult to enforce.