Current attorney states she is to receive 25 % of the gross amount of the bonus in addition to child/spousal support already receiving. Bonuses are taxed in excess of 40%,. Shouldn't it be a % of the net? If so what percentage if any?
First off, there is no foxed law on this. Second, why are your bonuses taxed so high? The 39% marginal rate is for earnings OVER $457.000.
So if you make that much... quibble much? AND spousal is deductible to you--taxable (at a much lower rate to her,
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus regrets to report that you cannot get contact information about her in any way, shape or form, as Avvo wont let you. Good luck.
The 25% is usually done inconsideration of the deductions usually allowed. But this is discretionary so you have a right to file a motion to modify.
I agree with the answers that my colleagues provided. If you hired a family law attorney and want a second opinion, you should pay for a thorough consultation.
This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline