By: Stephen J. Plog
In Part 1 of this article, I analyzed the generalities of how bonus and commission income are treated in Colorado child support cases. To recap, bonus and commission income are specifically enumerated in Colorado Revised Statutes 14-10-115 as income which can be included in a child support calculation. I also discussed various issues tied into what courts might do when including a person’s bonus or commission income to derive their overall income, which included discussions regarding averaging bonuses and commissions over a sensible term of years to come up with an average. In this Part 2, I will focus on bonus and commission (hereinafter referred to as “B & C”) income, including potential strategies for negotiating or litigating spousal support cases when these types of incomes apply.
The legal analysis for what would be included as income in a Colorado alimony case, pursuant to C.R.S.14-10-114, is essentially identical to the analysis applied in a child support case. However, as a Denver alimony attorney for almost two decades, it is my opinion that both parties and courts can be much more creative with alimony (maintenance) orders tied into bonuses and commissions. Thus, there is more potential for sensible and fluid arrangements regarding spousal support, as opposed to child support orders, which are almost always going to be reflective of strict adherence to the C.R.S. 14-10-115 child support guidelines. Continue reading