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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5736
Experience:  20 years of professional experience
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Are you a robot or a real person, Pearl? excellent,

Customer Question

hi, are you a robot or a real person, Pearl?
JA: I'm an assistant to the Family Lawyer. I work with them to help customers like you.
Customer: excellent
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: THis is a Smith-Ostler issue and my divorce is done
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Anything else you think the lawyer should know?
Customer: I want to exclude my recent raise (5 years after divorce is settled) from the Ostler-Smith calculation.
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
How do I exclude my recent raise from the Smith-Ostler (Ostler-Smith?) calculation? What do I need to prove that the additional pay on my W-2 is not part of a bonus?
Expert:  Maverick replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

As you know, where you have fluctuating income due to bonuses, commissions, and overtime, then the Ostler-Smith order applies. In Re Marriage of Ostler v. Smith (1990) 223 Cal. App. 3d. 33. You should have a letter from your employer that explains that this increase in pay is due to a raise and not one of the above. It should thereafter show up consistently on your paychecks.

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