Monday, January 2, 2012

Do you include bonuses when computing alimony & child support?

Should the Judge include bonuses when computing alimony and child support? 

In the 2010 case of Drew v. Drew, 27 So.3d 802, the Second District Court of Appeal said yes.  The trial court excluded the husband's bonus payment from his income finding that bonuses were not "fixed or guaranteed" because they are paid at the discretion of husband's employer. The District Court reversed the award of alimony and child support for further proceedings:

1. "Section 61.30(2), Florida Statutes (2007), requires trial courts to consider bonuses in calculating a spouse's income for purposes of child support, and section 61.08(2)(g) requires trial courts to consider all sources of income available to either party' in computing an award of alimony."

2. "Thus, we have held that when a trial court calculates income for the purpose of awarding child support or alimony, it may not exclude from consideration bonuses that are regular and continuous."

3. "Here, the trial court excluded the husband's bonus payments from his income finding that the bonuses were not 'fixed or guaranteed' because they are paid at the discretion of the husband's employer and because they are dependent upon the employer's yearly profit. While this is true, it is undisputed that the husband has received bonus payments each year for the past nine years, the last eight of which exceeded $25,000."

4. Under similar circumstances, we have concluded that the trial court abused its discretion when it excluded bonuses when determining a party's income for the purposes of alimony or support." 

            If you are considering a divorce in Ft. Myers, Florida, call my office for a free consultation.

No comments:

Post a Comment