California Courts of Appeal,
Family
Oct. 3, 2018
Ruling addresses stock options and the calculation of child support
In a case of first impression, the court in In re Marriage of Macilwaine, 18 DJDAR 8490 (Cal. App. 1st Dist., Aug. 28, 2018), ruled that stock options become income for child support purposes when all impediments to sale are removed.
Jeffrey P. Blum
Law Office of Jeffrey P. BlumEmail: Blumesq@aol.com
Jeffrey is a mediator and family law attorney in Los Altos.
Family law attorneys recognize that a parent's obligation to support their children is considered of paramount importance as a matter of public policy. For this reason, the definition of "income" for child-support purposes is broad.
For example, the net profits of a wholly owned company, regardless of whether the obligor takes those profits, constitute income. Family Code Section 4058(a)(2). Similarly, an employer's forgiveness of d...
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