Dear Attorneys,
I work more than forty hours per week, but my pay is solely commission based, as I’m a contractor rather than a W-2 employee. I don’t have a base salary. So when my sales are up, my income is great. When they’re down, there are weeks when I may not have a paycheck. I’m going through a custody battle right now, and I’m wondering how I can position myself so that the child support that I pay is reasonable. I do want to contribute to my son, but I also have to make sure that I can afford payments. What can I do?
Sincerely,
Fluctuating Frank
Dear Frank,
When you complete your financial affidavit, it is essentially a snapshot in time. It is supposed to be based on the last thirteen weeks. In a situation like yours, we usually have clients complete their financial affidavit in two ways to start so that we can see what the numbers look like. First, an average of the last thirteen weeks (which is standard) and then second, we do a year-to-date average. Then we can analyze the differences and see what the Child Support Guidelines would look like. Essentially, you should plan on paying based on your average income, and that means managing your funds so that you always have a sufficient amount in “reserves” to make your payment. You may want to consult with an attorney to see what your options are.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.