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    newman123's Avatar
    newman123 Posts: 2, Reputation: 1
    New Member

    Dec 29, 2011, 07:46 PM
    Ostler Smith and Temporary Support
    I will try to make this simple. Filed for Divorce in February 2008 wife moved out 11/18/08 I received 2 bonuses that year 1 in July and 1 in November I believe the week before she left. My case has dragged out for a long time. Anyway, I do not believe any marital standard of living was established with my bonus payments. I do realize that in smith ostler the bonus payments would be subject to child support. I am trying argue the position that no spousal support should be paid on my bonus income since no marital standard of living was established then nor going forward since then. Can someome point me too a case of similar nature. I am still on temporary support. One thing I began the job Feb 11th of that year and it was the only job I had that paid a bonus.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    Jan 2, 2012, 01:35 PM
    n 1990 the California Court of Appeal in Marriage of Ostler and Smith1 upheld a trial court that, rather than setting a fixed monthly amount of child support, ordered a base monthly amount of child support plus a flat percentage of the payor's bonus income. In the years following Ostler and Smith, ordering a percentage of future variable income as additional support became a commonly used tool for family law attorneys and judges to deal with cash bonuses and other types of compensation including stock options, restricted stock and Employee Stock Ownership Plans. It is easy to see why --- "Ostler/Smith orders" eliminate the risk that a payor will be ordered to pay child support on income the payor may never receive. Such orders also insure that the children receive a share of the variable income if it is, in fact, received by the payor. The method also reduces the need to have successive modification proceedings due to fluctuations in a payor's income.
    Hanson Crawford article | Practical Solutions for Obtaining Ostler/Smith Orders Following Marriage of Hall
    newman123's Avatar
    newman123 Posts: 2, Reputation: 1
    New Member

    Jan 2, 2012, 08:33 PM
    Thanks GV. I have read ostler smith about 10 times but the point I am attempting to make is if when we lived together the bonuses I received had no material impact on our standard of living (my expenses where huge and she moved into a free residence when she walked out and never comtributed to the household expenses just paid her own credit card debt). Then I don't believe the bonuses should be allowed in the calculation of temporary support. Its moot for long term support. I was laid off in October.

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