Ostler/Smith: Support Orders Based on Bonus Income

In 1990, the court in In re Marriage of Ostler & Smith created a new interpretation of the law that applies today.

FACTUAL BACKGROUND OF THE DISSOLUTION

In Ostler & Smith, the husband received a large bonus every year as part of his income. However, the bonus was not guaranteed and depended on the performance of the company.

FAMILY LAW DIVORCE PROCEEDINGS

The husband did not want the court to base either spousal support or child support on his bonus income. However, the family court awarded a base amount of child support and spousal support and additional support based on a percentage of his bonus income.

APPEAL OF THE FAMILY LAW JUDGE’S ORDER

The husband appealed and the appellate court upheld the order. It stated that income includes bonus income and an award of support based upon a percentage of bonus income that is actually received is proper.

DO YOU NEED HELP WITH ISSUES RELATED TO CHILD SUPPORT?

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as  support based on and Ostler/Smith award or any other divorce matter such as legal separation, annulment, custody, spousal support, child support, and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102
Visit us at
www.LawintheOC.com

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.

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