Legal Question in Family Law in California

what is smith/osler law and WHAT PERCENT IS USED TO CALCULATE SPOUSAL SUPPORT

Asked on 8/06/11, 11:26 am

2 Answers from Attorneys

Patricia Van Haren Patricia Van Haren
0 users found helpful
0 attorneys agreed

Smith Osler is a means of calculating bonus income. The % varies based on the base income as well as the amount of the raise. Generally where there is a Smith Osler order, the court will attach a table showing the percentage of additional support based on the bonus increments.

Read more
8/06/11, 11:11 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

Smith/Ostler refers to a case that approved the trial courts' setting a percentage of future bonus income that will be added to a support order. Such orders are intended to avoid unnecessary future litigation. If bonus income was included in spousal and child support calculations, and future years' bonuses fell short, the paying spouse would have to go to court every year to get an adjustment, and until the adjustment was awarded, they would be over-paying. On the other hand, if the receiving spouse did not get some provision for bonus income to be included, they would have to track down the paying spouse's bonus every year and then go in and ask for an order for the appropriate share of that income. Under Smith/Ostler, the court calculates support based on base income, and then orders that an additional percentage of bonus income be paid when bonuses are received. What percentage can only be determined on a case-by-case basis, but a significant factor will be what percentage of base income is ordered as support under the normal support determinations.

Read more
8/07/11, 4:04 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

8787 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now