Spousal support

[loving_dad]

Married 6 years, common law for 3. One daughter 6 years old. Mom works shift work. Dad works typical bankers hours. Mom makes six figures. Dad makes six figure salary with historically very large bonuses. Dad was laid off a month after separation but now is working again with potential for same kind of income though bonuses are all discretionary and no track record at the firm. Dad cared for daughter when Mom was working nights, weekends etc....child care pretty much split historically. Mom in unionized professional job and worked throughout marriage full time.

My question is what is the likely range/duration that I'm looking at to pay spousal support? Mom clearly makes enough to support herself and live well. She is currently in the matrimonial home paying the mortgage (we bought it so that it could be carried by just 1 persons salary).

Am I likely to have to pay within the SS guidelines? I just feel like this will be a wealth transfer to support Mom's overspending...not to benefit our daughter. Since separation, Mom's living better than dad because most of the assets are still tied up in the matrimonial home.

Is this a cut and dry SS guideliness case and I just need to accept it?

 

[Mess]

Spousal support in fact can be intended to be wealth transfer, which doesn't mean your case qualifies as such, but it seems like you are confusing child support and spousal support.

You both make "6 figures" but what is the difference in income? 100k vs 900k? I doubt you make that much but you can't expect a clear answer without clearer information.

You can argue the bonuses and so can she. What is the norm in your industry? You don't have a "track record" at this new firm, but what is the reasonable expectation? What are other employees with similar jobs at your new firm earning in bonuses? Your ex's lawyer will bring these things up.

On the surface she doesn't have a great case for spousal support if your incomes were in the same range for the duration of the marriage and her career wasn't affected.

The question you caring for the daughter while the mom worked nights is vague. This is a minor relevent point to show that the work in the family was roughly equal and consistant throughout the marriage. It addresses entitlement but not amount.

Your ex needs to prove entitlement, which from your description is going to boil down to how much more you earned than her. I don't think she has a strong case from your description but it depends on how big the discrepancy is between your incomes.

 

[loving_dad]

Thanks for that.

So to put some numbers behind it...
She makes approx 130K per year in Salary, Overtime etc.
Me: Previously salary of 110K/ year...discretionary bonuses of approx 250K per year. New role is salary 160K salary with discretionary bonus last year of 150K.

Note that bonus is at management discretion and paid annually.

 

[Gary M]

We can't help you with numbers, as your numbers are imaginary at the moment. Are you asking if you have to pay SS on your bonuses? The answer is yes, but nobody will know how much until after your taxes.

Discretionary bonus of more than double your salary... I wanna come work there

Cheers!

Gary