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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111460
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I NEED AN ATTORNEY FAMILIAR WITH SMITH-OSTLER LAW. MY BONUS ARE BASED

Customer Question

I NEED AN ATTORNEY FAMILIAR WITH SMITH-OSTLER LAW. MY BONUS ARE BASED ON LY PERFORMANCE; WHY SHOULD I STILL PAY OUT? CAN I CHANGE THIS? EX-WIFE HAS NOT COMPLETED THE REQUIRED STIPUATION OF THE DIVORCE DECREE. WHAT CAN I DO AT THIS TIME?
EXAMPLES... HER BOYFRIEND LIVES WITH HER, WHICH IS INCOME. SHE HASN'T LOOKED FOR A JOB AND HAS NOT REPORTED TO COURT, BUT IS GETTING PAID FOR SIDE JOBS. CHANGE HER NAME BACK TO MAIDEN NAME, GO BACK TO SCHOOL TO FURTHER EDUCATION, REPORT TO ME EVERY SIX MONTHS WITH STATUS. PLEASE HELP.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your frustration with this is something many people complain about, but the answer to your question is that the CA law states that income from ALL SOURCES would be considered. That is why your bonus payments are considered in the calculation under the Smith Ostler formula.
If she is not complying with the decree, you have recourse of filing a motion for an order to show cause for contempt of court and bring her to court to make her answer for not following the decree.
If you can prove she is working side jobs to the court, that would be grounds for them to also penalize her for not reporting the income to the court as well as for her continued failure to follow the decree.