How do I determine spousal support using the Ostler & Smith percentage for variable compensation?

Asked over 1 year ago - Upland, CA

I am employed as a sales professional and receive a salary plus commission. Currently, I am legally separated and going through the divorce process.

We have a spousal support hearing next month. I am trying to calculate what my spousal support payment will be.

Is the amount of monthly spousal support using the Ostler & Smith percentage 15% or 25% of my annual variable compensation, divided by 12? I can't remember.

Thank you.

Attorney answers (1)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It is neither 15% nor 25%. An Ostler-Smith type calculation for spousal support is far more complicated than that, and there are many legal arguments to make in your favor. I strongly suggest that you spend the money to hire an experienced family law attorney to represent you at the support hearing, which may save you money in the long run. In the meantime, I am including links below which may be of some help. Good luck.

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