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#606569 - 02/04/10 10:00 PM Re: Bonus payout [Re: Maury]
jeff123 Offline

newbie

Registered: 02/04/10
Posts: 26
Nothing but I really don't feel like I should have to provide her my W2 it is kind of the principal behind it. Plus it does not say on my decree that I have to provide W2.

I feel that statement from my work corresponding to pa stubs should work

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#606570 - 02/04/10 10:04 PM Re: Bonus payout [Re: jeff123]
1966Gal Offline
Carpal \'Tunnel

Registered: 04/04/08
Posts: 10103
Nothing but I really don't feel like I should have to provide her my W2 it is kind of the principal behind it. Plus it does not say on my decree that I have to provide W2.

I feel that statement from my work corresponding to pa stubs should work
++++++

So is your plan really to deceive her into thinking that you did not get a bonus when you really did?

You are playing fire to openly defy a court-order. I would pay her the 30% and be done with it. It's what you agreed to do. You signed it. The court ordered it.
_________________________
The Gov cannot give anything to anyone - that they have not first taken away from someone else.

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#606571 - 02/04/10 10:10 PM Re: Bonus payout [Re: jeff123]
1966Gal Offline
Carpal \'Tunnel

Registered: 04/04/08
Posts: 10103
The only thing is I have learned that she left bonuses out of her agreement with the mediator. I am going to have a lawyer send her a letter that she must provide. then I guess go after a modification.
+++++++

During your divorce you had the opportunity to have her bonus's written into the agreement. Sounds like you either had no lawyer or not a very good one. You signed this agreement your state law says it can only be revisited every three years. If you wanted her bonus included in the calculation, you needed to insist on that back when you were still negotiating your divorce.

I still don't quite get what you are wanting. Sounds like you want to give her some paystubs that don't show your bonus???? Or does she already know that you *did* get a bonus and still have not paid her the 30% like you agreed to do. You can't let this go to court. You don't have a leeg to stand on. You agreed to pay 30% of your bonus and now you need to pay it.

Now is not the time to decide you no longer like the terms of what you agreed to. It doesn't work that way. If you buy a car and then a year down the road, decided that you think you paid too much for it, you can't go back and rewrite the loan or contract. You agreed to pay that amount, now you have to pay that amount.
_________________________
The Gov cannot give anything to anyone - that they have not first taken away from someone else.

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#606572 - 02/04/10 10:32 PM Re: Bonus payout [Re: 1966Gal]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
Seems to me he is saying he doesn't have the money to pay her the 30% of the bonus. Thing is whether he goes to court NOW for a modification he will still owe the 30% of the bonus because he received the bonus during the time that the current CO is in effect.

As for 3 years before a modification can be done. It's three years or a change in circumstance. She has a new job- change of circumstance. I am wondering (poster could you answer this) if the original court order/signed agreement had you and her sharing 50/50 of the time? If not then that is a change if circumstance as well (since he now has them every other week- 50% of the time), and should be not paying $1500/month and 30% of your bonus with that time share.

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#606573 - 02/04/10 10:35 PM Re: Bonus payout [Re: Cassie23]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
Although was bonus received in 2009 or 2010? If bonus was received in 2010 then maybe he won't have to pay the 30% in its entirety if the modification does go through.

Poster- what does your lawyer suggest you do? Did he tell you to pay the 30% of the bonus now and modify the order? Or did he tell you to hold off on paying the 30%?

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#606574 - 02/04/10 10:41 PM Re: Bonus payout [Re: Cassie23]
1966Gal Offline
Carpal \'Tunnel

Registered: 04/04/08
Posts: 10103
As for 3 years before a modification can be done. It's three years or a change in circumstance. She has a new job- change of circumstance. I am wondering (poster could you answer this) if the original court order/signed agreement had you and her sharing 50/50 of the time? If not then that is a change if circumstance as well (since he now has them every other week- 50% of the time), and should be not paying $1500/month and 30% of your bonus with that time share.
+++++++

The new job is only significant if she has received a significant change in pay, which is highly doubtful in this economy/job market.

He hasn't mentioned if the thinks her pay has increased.

If it hasn't increased, then there is no change in circumstances. He's just decided that he no longer likes what he agreed to. If that's the case, then he is going to have to wait 3 years and pay 30% of his bonus to her.

He says he doesn't have it. He should have paid it immediately when he got it.
_________________________
The Gov cannot give anything to anyone - that they have not first taken away from someone else.

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#606575 - 02/04/10 10:43 PM Re: Bonus payout [Re: 1966Gal]
JennyLynn Offline
Carpal \'Tunnel

Registered: 07/14/05
Posts: 31656
Did he say how long it's been since the order was put in place? And where he lives? I may have missed it.

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#606576 - 02/04/10 10:45 PM Re: Bonus payout [Re: JennyLynn]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
NH and end of March. Seems as though if it's on his W2 it's from 2009. I think that bonus money should have been prorated then since the CO didn't go into effect until end of March. But hey what do I know? I would have never agreed to 30% of my bonus in the first place ;)

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#606577 - 02/04/10 10:47 PM Re: Bonus payout [Re: Cassie23]
JennyLynn Offline
Carpal \'Tunnel

Registered: 07/14/05
Posts: 31656
LOL I wouldn't have either. I feel kinda bad for the guy...well, really bad for the guy actually. He's definitely supporting his kids, that's for darn sure!!

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#606578 - 02/04/10 10:53 PM Re: Bonus payout [Re: 1966Gal]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
The new job is only significant if she has received a significant change in pay, which is highly doubtful in this economy/job market.
___________________________________________________________

Not at all true. A friend of mine just accepted a new job, with a significant increase over what he was making before. Most people move jobs because of pay increases.

Don't know if hers is an increase or not, but there is nothing wrong with trying. If the time share is 50/50 and that wasn't in the order previously that is definitely a change of circumstance.

Regardless the guy is paying $1500/month and 30% of his bonus for a 50/50 timeshare split. Hopefully a judge will listen and base his CS accordingly.

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