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Smith-Ostler Order

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#1 kmc214


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Posted 19 April 2012 - 05:34 AM

California:  At trial, the judge ordered permanent spousal support for my long-term marriage of 27 yrs, and a Smith-Ostler bonus of 22% for anything my ex husband earns in excess of $75,000/yr (because we suspect he is hiding income).  I am unfamiliar with Smith-Ostler.  How do I go about collecting the 22% bonus each year?  Do I request his tax records?  How can I enforce the order? 

#2 pg1067


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Posted 19 April 2012 - 06:44 AM

Your questions are well taken, but not easily answered in a general context or in the context of an Internet message board.  I suggest you google "smith ostler," which will provide a wealth of information.  If you want to go deeper, visit your county law library and pull the Rutter Group's family law practice guide (review both the sections discussing Smith-Ostler and the sections on enforcement of spousal support and post judgment discovery).  Of course, the best thing to do would be to speak with a local family law attorney (you said that "we suspect his is hiding income;" I'm not sure who "we" are; perhaps it is you and your lawyer?).

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