Are you required to pay child support on commission? I make about $100,000.00 salary with possible commission. For the last 11 months (since I began this job) I haven’t had any commission, just base salary and I pay my ex monthly child support. This year I have had a couple sales, but I can’t count on that to continue. Do you have to pay child support on commission, especially if I don’t know if I’ll have closed deals or not?
Yes. Under Utah Code Section 78B-12-203(5) (a) When possible, gross income should first be computed on an annual basis and then recalculated to determine the average gross monthly income. This includes commissions and any nonearned sources, such as investment income. You should average the recent sales together with the last 11 months of no sales. Once child support is set, the burden is on the party who wants to change it to file an action for change.
Generally ORS will assist in this process every 3 years, but once fixed your child support will stay at that number until one of the parties files a new petition. If you are able to make more sales and your income goes up, the support will stay the same until your ex petitions the court. The other aspect of your case that will affect child support is the amount of time you have your child. You may want to ask for joint custody under the newly passed UCA Section 30-3-35.1 which provides for minimum time to be 145 nights. For more information on what to ask for in a custody dispute, click on the link below “Custody Order”.