Child Support and commission

[Luving StepMom]

Hello Soc -

BM has stated she will be filing for more support. My husband works on base + commission.  The state is South Dakota.

1.  Is commission figured at a different rate when it comes to the calculations? Because those checks are taxed at a much higher rate would that make a difference?

2.  Does the child support referee take into account the extra money that we spend on SS beyond child support? We buy him school supplies, give him lunch money, and buy him clothing, etc, etc.  BM does not send any clothing to our house.  

3.  If so, what do you suggest we need to produce to prove this? We have kept logs (date/amount/what for) but I'm not sure if we have receipts for everything.

Thanks for your help!

[socrateaser]

>Hello Soc -
>
>BM has stated she will be filing for more support. My husband
>works on base + commission.  The state is South Dakota.
>
>1.  Is commission figured at a different rate when it comes to
>the calculations? Because those checks are taxed at a much
>higher rate would that make a difference?

The court should look at the average earnings of both base and commission over time and set support based upon that average. It is possible for you to stipulate (agree) with the other parent to a base + a % of commission, but generally a court cannot order this, because it is the equivalent of modifying the order every pay period, depending upon the obligor's earnings, rather than stating a liquidated support amount.

If you think that you can do better than the average going forward, then I would let the court imposed a fixed order. I would also consider maybe easing off the pedal temporarily, so as to slightly lower your income until after the support order is put into place. Needless to say, I am not suggesting that you put your job at risk, but there's no reason to bust your ass just to have a higher average support amount imposed as a consequence.

If you foresee your commissions going down over time, then I would try to stipulate to a fixed % of income, because that will lower your support from the average amount that would otherwise be imposed.
>
>2.  Does the child support referee take into account the extra
>money that we spend on SS beyond child support? We buy him
>school supplies, give him lunch money, and buy him clothing,
>etc, etc.  BM does not send any clothing to our house.  

This is only a consideration when both parents share substantially the same amount of custody time 50/50. If you have less than 40% parenting time, then you shouldn't be buying anything for the child, because you ARE buying it by paying support. If the other parent is not supplying you with the child's needs, then you should file a motion to clarify this issue and order the other parent to provide these things with the child when you are exercising custody. Otherwise, you are just making gifts to the child and the other parent and you will receive your reward in heaven --- but not, on Earth.

>
>3.  If so, what do you suggest we need to produce to prove
>this? We have kept logs (date/amount/what for) but I'm not
>sure if we have receipts for everything.

This proof should be submitted as part of a motion to force the other parent to start using her support money for the child's benefit. You could also allege that she is using the money on herself as she does not provide necessary clothes with the child, and thereby try to get a look at her bank records to see what she really spends the money on. If you can prove that she is not using the money to support the child, then she will be in EXTREMELY hot water, and you could get custody redetermined in your favor. As a practical matter, this is highly unlikely, but it is at least possible, depending upon the quality of your log and the amount of money you have spent on the child.

None of this will actually get you your money back or credited, however.