Can Overtime Be Considered in Child Support?
Typically, the family court will consider all income from any source derived. But, if bonus and overtime income fluctuates, family court may impose what’s know as a Smith-Ostler order.
What Is a Smith Ostler Order?
A Smith-Ostler order is in addition to a base spousal or child support amount which is determined based on a party’s base pay. In addition, a court can order a set percentage of bonus or overtime pay to be paid to the party receiving support. Typically, this percentage equals 13% of the bonus or overtime pay.
What Qualifies Someone For Spousal Support?
Spousal support will be granted when a spouse is not able to satisfy their requirements without monetary help from their other spouse who can afford to pay. Spousal support may be short-lived, such as when a partner needs time to return into the job market. In order to comprehend your options, and whether you owe or get alimony, it is very important to consult with a skilled family law attorney in Santa Barbara.
How Is Smith Ostler Calculated?
Consider this example, husband earns a base salary of $25,000 per month, and is awarded bonuses at the end of each fiscal year depending upon the company’s sales and revenue. This bonus is not a set amount each year. Under Smith-Ostler, family court can set a base amount of support based upon Husband’s $25,000 base salary, and, in addition, order Husband to pay 13% of any bonus he receives at the end of the year to Wife. This order will typically require Husband to provide financial disclosures at the end of each to prove the amount of the bonus received.
Do you have questions about bonus income or overtime income and how it calculates into child support or spousal support? Do you need information about Smith-Ostler orders? We can help!
Contact Morales Law online or call (805) 422-7966 today for a free consultation!