My question involves child support in the State of: CA
Father usually receives at least 2 bonuses during the year, in addition to vesting RSUs twice a year, which is why we have a Smith-Osler in place. He is required, per our divorce agreement to pay within 10 days of receiving the additional income. Although he pays on time, he uses the Smith-Osler table of percentages to be applied to each level of bonus in a way that is most disadvantageous to me. As percentages applied decrease with increasing bonus amounts, he applies the lowest percentage by using a cumulative bonus amount.
For example, if his first bonus of the year is $9,000, he applies the corresponding 10.26% = $923. when 3 months later he vests RSUs and receives$30,000, instead of applying the 10.13% applicable to a $30,000 bonus, he applies the 9.99% applicable to a $39,000 bonus.
Although the difference may seem insignificant, it is not. When dealing with total bonuses & RSUs around $140,000 where the percentage drops to 9.36% and over several years, the differential amounts to nearly $3,000.
If context has any bearing, he makes ~$450,000 per year (50% base and 40% bonuses, 10% other), does not pay a cent over what the law says he should and he forced me to renounce to spousal support through emotional blackmail (over 2 years ago, so beyond statute of limitation for contestation). I was unemployed for 14 months before starting a new job a year ago. I make $130,000 and am having a hard time getting out of debt after a long period of unemployment. It does not help that he has been suing me (including contempt of court charges) over the past 18 months every opportunity he gets.
I would really like to get an answer so that I can determine whether this is another one of his "not quite outside the law" actions allowing him to undermine me.