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  1. #1
    Join Date
    Nov 2015

    Default What is the Correct Way to Calculate Bonus Percentages from Smith-Osler

    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.
    Thank you,

  2. #2
    Join Date
    Sep 2011

    Default Re: What is the Correct Way to Calculate Bonus Percentages from Smith-Osler

    You would need to refer to the percentage calculations in your order. We have no way of reading your order. The court, if you request the case be reopened will only look to see if he is applying it within the parameters of the order, not that he is applying in a way most beneficial to you.

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