Bonus Support Payments

#1

From someone who had difficulty directly posting to the forum:

The spousal support order calls for a fixed monthly amount ($500) + 39% of any monthly earnings over $15,000. I retired Dec 31 2019 and was paid a bonus based on 2019 performance in March 2020. Because I had no other income in March 2020 I calculated the support for the month as follows:

(Bonus amount - 15,000)*39% + $500 fixed monthly support

My ex claim I should not subtract the 15,000 from the bonus claiming it was earned in 2019. She thinks the calculation should be:

(Bonus amount * 39%) + $500 fixed monthly support

Based on the information provided which calculation should be applied?

#2

I would definitely need to see the exact language of the support order to be 100% confident in my answer, but based on what has been provided, you would owe 39% of any income received above $15,000 for the month of March 2020, plus the regular monthly payment. Assuming you had no income for March 2020 (and remember, retroactive Social Security or retirement benefits DO count towards March’s income), your calculation would be correct.

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#3

how do I post a question in these forums?

#4

Please feel free to post a family law -related question doing the same thing you do to post your question regarding how to post.

#5

Hello-I am going through a Post divorce hearing. My ex refuses to pay smith ostler money. The divorce settlement agreement, unfortunately, was drawn up by a mediator. My ex claims he only owes “bonus” income to me. My attorney claims he owes smith ostler income as we assumed “ bonus” meant “smith ostler” . The divorce involves back income of over $200k, stocks, bonuses, restricted stock, etc…due to his nonpayment to me over the past 2 years.
The problem is this:
At the hearing his attorney claimed my ex has to pay only “ bonus” income due to it was worded that way in MSA. Help! What is the meaning of “bonus”? Can it be construed as smith Ostler? Or is it up to the judge? I am so worried now!! My ex makes $250k /year I make $29k/year was

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#6

Can I get an answer to my question if it all possible? Much appreciated see above regarding bonus income

#7

I am running into sort of the same problem! Used a mediator, and the Bonus table was actually included in the MSA but stopped at 200K bonus income on the Bonus Table. But there was no “cap” on the amount in wording AND included “any income Husband recieves as a result of the vesting of restricted stock unit awards, receipt of any other stock or bonus income”

We were married 20 years and I only agreed to support till my children were adults (total 13 years).
despite my ability to fight for life alimony. I was a stay at home mom. I assumed I’d get all his bonuses for the next 13 years. He assumed it was capped at what was in the Bonus Table and his earnings the year we filed for divorce.
I am looking for an expert on Ostler Smith rulings for consultation as I’m finding more info on this than my attorney now and she doesnt wanna fight it in court. Thank you!

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#8

Were you able to find information on the smith ostler? His atty wormed in that we have a 2-way smith ostler, which I thought wouldn’t affect anything since I do not earn overtime or bonus and he does monthly. He is using some crazy calculation based off of my income and I just do not think it is accurate (of course it is significantly lower than what my calculations are)…. It has been hard for me to find information on how to calculate smith ostlers and additionally- how to enforce them if unpaid!!. Have you had better luck?

#9

It’s crazy that you’re texting me this today, my attorney is actually conferring with his attorney. It’s been a long couple years. I’m never on this forum and I had to dig up the password. You can email me at Dogbreath89@icloud.com. I’m happy to give you my phone number over my email I just don’t feel comfortable doing it over this text chain,