A judge has the discretion to order additional spousal and child support based on a spouse’s income or future bonuses. In a divorce, the amount of support depends on the incomes of each spouse. This is determined when both spouses file their income and expense declaration showing each persons wages, debts, monthly expenses, and other financial information. The judge then considers the income and expenses of each spouse and then computes a monthly amount of support to be paid to the party with the lower income.

In determining the amount of spousal support, a judge will look at a spouse’s needs and standard of living during the marriage, in addition to considering the circumstances of the spouses and the particular marriage under Civ. Code § 4801 (a).

Under the case of Ostler v. Smith, A spouse who is eligible for spousal or child support may have a claim for a percentage of the working spouse’s future annual bonuses.  Since no future bonuses are guaranteed, a judge will likely award a percentage instead of a fixed amount.

For example, in awarding spousal support and additional spousal support to a wife that could come from future bonuses received by a husband, the extent that the wife contributed to the husband’s career, the expenses required for the wife’s transition from a homemaker to a working parent, and the development of her marketable skills are considered. In addition, the amount of support awarded to a spouse will include considerations such as the length of the marriage, the age and health of the spouses, inflation, cost of insurance (health, home, car), allowances for teenagers, as well as increased costs of teenagers’ food and clothing.

It is important to hire an attorney that is aware of all possible benefits you should be entitled to.  The Law Offices of Michael S. Carrillo will explore any and all options in order to get you the best results on your  divorce case. Give us a call today for a free consultation and to see what he can do for you on your case. (626) 799-9375.