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Family law - does 'bonus' count as income for settlements?

(11 Posts)
Exileonmainstreet Mon 07-Mar-05 19:31:53

I'm a regular but have changed my name for this.
Dp and I are splitting up and he knows he has to allow 20% of income as child support (we have 2 children). However, more than half our income has always been from his yearly bonus, which he says we are not entitled to any of, but he will offer 20% of a maximum of about a tenth of what it usually is, IYSWIM. Does anyone know whether only salary counts as income, or whether the bonus is too?
I have got the name of a lawyer, although I can't get in touch with him yet, but dp says that because he has offered me the legal minimum, he would not have to pay more even though he is a high earner, and I would be wasting my money going to a lawyer. Obviously, I think - well he would say that wouldn't he?- but I don't want to fork out huge fees for financial disclosure etc if I end up getting what he's offered anyway. I have virtually no savings, no pension, and haven't earned since our eldest was born 10 years ago.(and yes I know I'm a fool).
I would really appreciate any advice, thanks.

Mud Mon 07-Mar-05 19:34:08

I think he's talking through a hole that isn't in his face

yes I think bonuses do count (though don't know for certai)

roisin Mon 07-Mar-05 19:52:39

If he's being obstructive you are more likely to get your money's worth from a lawyer. Remember you are entitled to a share of his pension too.

Exileonmainstreet Mon 07-Mar-05 19:55:42

Thanks both of you. I didn't think I was entitled to any pension share - we're not married.

roisin Mon 07-Mar-05 20:06:19

Oh, didn't realise you weren't married ... hmm... that's different then

SenoraPostrophe Mon 07-Mar-05 20:11:25

I'm sure bonuses count - it's 20% of his income, not basic salary before bonuses.

However bonuses are easier to lie about on forms - would he try to do that do you think? Does he work for a small company that might give a low bonus forcast for the benefit of the CSA?

Worth seeing a lawyer IMO anyway though.

SenoraPostrophe Mon 07-Mar-05 20:13:21

(disclaimer - that should have read "I'm pretty sure...)

beachyhead Mon 07-Mar-05 20:19:03

I think if his bonus is approximately 100% of his salary, and it is included in his taxable income for the year, and therefore shown on his P60 etc as income, then it should be taken into account. Couldn't you call the CSA?

Exileonmainstreet Tue 08-Mar-05 13:01:57

Thanks for those responses. I will get in touch with the CSA, and it sounds as though I should go ahead with a lawyer at least intitially. Just want to try and keep things from getting nasty though.

horseshoe Tue 08-Mar-05 13:19:12

Yes they do count.....

The CSA can apply to have it taken straight out of his wages as does my DP ex. That way it automatically takes a 15% in my DP's case of his earnings that month.

Exileonmainstreet Wed 09-Mar-05 15:32:08

Thanks, that's good to know.
I think there's a strong chance he will get them to give as much of the bonus as possible in share options from now on, don't know if that would then be income or not? He has bad mouthed me at work to such an extent that I think they will do everything in their power to help him.

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