Court improperly allocates severance pay to single month where parties’ stipulated support order based monthly income on spouse’s commissions, not bonuses.
Cite as
2011 DJDAR 10824Published
Jul. 19, 2011Filing Date
Jul. 18, 2011In re the Marriage of ELAINE TONG and RICHARD SAMSON.
ELAINE TONG SAMSON,
Respondent,
v.
RICHARD SAMSON,
Appellant.
No. B224899
(Los Angeles County
Super. Ct. No. BD482622)
California Courts of Appeal
Second Appellate District
Division Four
Filed July 18, 2011
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT*
It is ordered that the published opinion filed July 5, 2011, be modified as follows:
1. On page 3, the first sentence in the second paragraph of the Discussion section is modified to read:
Richard?s severance pay had five components: (1) a years-of-service component limited to12 months of salary, or $100,000; (2) a lump sum in lieu of commission limited to a six-month benefit of $152,853.48; (3) a lump-sum qualitative compensation award component of $35,208.33; (4) a healthcare component of $1,500; and (4) a master retirement plan equivalent component of $3,422.28.
2. The first full sentence on page 6 is modified to read:
The allocation of the remaining, much smaller, portion of the severance pay would depend on the extent to which its components, as well as the additional payments included in the severance package, were part of the monthly compensation that the support order intended to capture and the months for which any such compensation was due.
*EPSTEIN, P. J.
WILLHITE, J.
MANELLA, J.
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