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What is an Ostler Smith?

The term Smith Ostler (or Ostler Smith) refers to a California case from 1990 that dealt with the issue of additional child support from a parents annual gross cash bonus. This issue arises when a parent may receive a future bonus or otherwise has fluctuating income.

What is the average child support payment in the US?

This, in turn, would amount to 2,550 a year or 215.50 dollars a month. In terms of the average monthly child support payment in the USA, based off the latest statistic from the 2010 Census, the Census Bureau Reports that this figure stands at 430 dollars a month.

How does California determine child support amount?

There are two main factors that will be used to determine the child support amount such as: income of each parent and time/percent of time the child spends with each parent. Important information: Each parent will need to have proof (documentation) and/or testimony of their parenting time.

What percentage of bonus goes to child support in California?

Essentially, a Smith-Ostler order involves determining a percentage of bonus and overtime pay that should go to child support. Often, courts decide 13% is fair, although this isnt always the case.

What is a Smith Ostler order?

A Smith/Ostler order takes into account a spouse or parents unearned or prospective income, detailing when and how any future, additional earnings should be incorporated into a support order. However, because bonus income is prospective only, it may never be realized.

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