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What salary amount should be used to calculate spousal support (temp)?

Cincinnati, OH |

My husband had a three year average income of approx $127,000 included in that is his commission/bonuses. His base salary is 95,322. When the magistrate first ordered support she used the 127,000 figure to my 31,000. A few days later she corrected the judgment using his 95,322 to calculate the support which lowered it per month. he receives the bonuses every quarter and she did order that I receive half of that when he gets it in addition to spousal. Would that be the reason she switched the amounts or not?

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Attorney answers 1


Probably but you should be talking about this with a local divorce lawyer, wherever you are. Domestic Relations cases are very dependant on the law in each state and the way each county judge may approach your particular case. Perhaps no other area of law is so peculiarly local as this is. Because of that, you really should talk to a local attorney to find out what your rights are, what the law says, what the local judge's approach may be, and what you can and can not do in your situation. This is also the one area of law where a decision made today can have very long-term consequences so it is important that you have your side heard and considered. You need to talk to a local Domestic Relations attorney who deals with your kind of case on a regular basis in your local court. You can search the Avvo website list of attorneys or call your local attorney's Bar Association and ask for a referral to a Domestic Relations attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to take action in court or your rights expire, so don't waste your time getting to a Domestic Relations attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge,

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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link ( and find one near you