my client has a high school education earnings we're approximately twenty years at the time that this illusion marriage was a pilot and a little over twenty one years five thousand dollars and at the time that we tried this case we weren't exactly sure what his gross pons would be for a lot of them because it sort of doesn't the bonuses are not determined until the end of the year but it appeared from fired my client has a high school education and at the time of the divorce her monthly income was approximately twelve hundred dollars and her total income including maintenance would have been about seven thousand five hundred fifteen dollars including our earnings she was work she works at a nursing job there is a substantial disparity between his income and hers it's our position that the court in we admit that the standard of the standard is the standard of proof in the case without we believe applying the three actors under section five before the he said they had he was limiting named in this to between so that for the first fifty thousand dollars a bonus number for tender for twenty two judge bearing surface and this is in not in and of his decision but at the end of my motion to reconsider which i filed asking him to reconsider his position with reference he said i thought this case over very serious i spent a lot of time on this case which we both did i did what i what i did for a good reason this is in response to me just so you know working hard can share a little bit larger share and that was my motivation i think it was a good motivation and and stand by the bill was not right on the motivations it's wrong i'm all in and it would is which would allow her to maintain a standard of living which would be exactly the same as is in the standard of living that they would be joy had the marriage not in the south but i thought it was an abuse of the discretion because i think that even in a circumstance just this way yes there has to be you have to look at the factors and determine i don't think he gave a decent reason of why he did it i think he just arbitrarily said i'm not giving your area where in the walking you limit the maintenance based on had all of his income spoken for is almost divorced expect post dissolution expenses were something around thirty one hundred a month with an income of twenty thousand it my clients were greater because she was in the home making the mortgage payment and he had expenses in excess of seven thousand dollars a month and didn't and he had no way of earning more coming in work was because income in the believe also on the other hand preclude her from sharing in the cabin he still had would have the right if he wanted to retire next year or he lost his job and would come in and reduce it there's nothing on the bottom and says he's got to keep paying so i think t be abusive the discretion to say you can't you can't come back and ask for more because i'm saying it's zero over a hundred in the second fifty is only twenty percent this is in my opinion i wouldn't drive it but it would see the me under the circumstances i think she would be in deep trouble because of the court's filing which literally just yet that would be  complained of change in circumstances which the court already considered the act so i think just as mcveigh that she would be in deep trouble trying to make that argument given this decision harry and he just said of bonuses above  r reserve then both parties we had or she might have had a right to come back and ask for this way i i don't believe she will and i think you also have to look at the other membership it's paid for well by it some of it is used for business purposes it miss some of that was for pleasure he gets trips and vacations that are paid for by the company he gets a car insurance that are paid for by the company all of which my s her preclusion from going forward is an abuse of discretion and i don't believe that judge perry actually followed the law in reference to the way the main if you look at the figures in the of the the circumstances are such they had given his income and given them it method in which the decision was passion and given the fact that it was a several day trial and i don't think anyone question the fees i had ask were while the case was pending at the time of the trial and her you can expense affidavit of her projected expenses if you were to move to a house in frankfurt after the sale of the merrill residence in manhattan which i believe was seven thousand five hundred if my client it's all the way up to the hundred thousand dollars of bonuses with a fifty percent structure on the first fifty and then the full fifty thousand dollars on the second four hundred  excess of eleven thousand dollars no actually almost twelve thousand dollars that's just on to me it's what the next specter to take into consideration is and we laid out in the chart never brief  this was six thousand one hundred dollars ok so six thousand times twelve seventy two thousand dollars per hour and then it's fifty percent fifty thousand which is twenty per hour and then it's up to one hundred thousand dollars between ten dollars and this is it very discusses this it is decision that part of the reason that my client's bonus was so high in one year is that citi beverage we worked for was bought out so it was bought out because you did the don't believe that it was water that she's barred from coming back and receiving aid have been increasing needs whether it be from a base incomes perspective or not let's say hypothetically in my client's gross guaranteed income was reduced because the company wasn't producing profits not so rising in this day and age but we continue to see the bigger bone structure not perhaps all that and different from an associate and someone offers she could he says he could just as easily come in and say well  reviewable just as much to increase the decrease or potentially stay the same and i really do truly believe that especially from the discretions discretionary standpoint from a gentleman who is fifty five years old and to avoid well reasoned and frankly i haven't seen in any other disappearance cases that appear before my daily basis in a way for a practitioner standpoint in the trial court level i agree with you because you're giving that incentive but you still keep taking care of the recipient spouse you're still getting a portion of it and frankly i don't believe the evidence demonstrated that the worst of an excess of one hundred thousand dollars of bonuses were likely tom because i believe it really only he one year and as mr of i noted there is some question as to whether or not it would come in and given the fact that you're giving somebody especially who's probably getting close to the retirement age and with no direction from the general assembly from the public which is the what is a reasonable return to retirement age and you should  certain extent because that's a personal decision and that gets into so many factors as to how those parties decide other more than their lives what they're going to say is just barren stated these parties accumulated a little an of bonus money all but needs what three hundred dollars a reasonable needs according to judge baron and she earns one thousand two hundred fifty dollars her mug so reasonable needs are met under the megan's between her own income of the twelve fifty  paying for attorney's fees to everyone going through a divorce he says usually painful in some very rough weather be the reason the fees are part of the amount of fees that one is getting hurt but i don't believe that it can be said that based upon the overall the vision of merrill state and thank you thank you very much six which would be sixty one hundred month maintenance twenty one hundred on the first fifty percent at eight thirty three month on the second for the fall of ninety nine thirty three mom or one nineteen when the ninety six but that's judge bearing rule if you look at the gross numbers which mr john there are gave you they say they the gross is fine dealing with the number  today and if you can tell me where it is because it's a great place to put it because you're getting one when unless you want to speculate in the market you're getting less than one percent and six are to because of the buys it and other