July 6, 2010, Los Angeles, Stanley Mosk Court House: The Court ordered temporary spousal support based on the base hourly income of the Husband plus 35% of any extra payments received by him on a monthly basis. Wife requested monthly support payments based on the Year To Date income of the Husband for the past 6 months. Husband proposed support payment based on his base hourly income plus additional payment at the end of the year. The Court disagreed. The Court stated that the Ostler-Smith Rule (which allows payment of support on a based salary plus percentage of the fluctuated income) applies to any situation where income of a support obligor changes from one month to another.