Are stock options considered income for child support

November 4, Stock B. Robert Farzad 27 Comments. California has statewide guidelines and Family Code sections that define gross income. California Family Code section considers gross income that from any source except for child support payments that child actually received or public assistance programs where the child for program assistance is based on need.

Some California appellate courts have determined that supplemental Social Security SSI benefits are also excluded from income because they are based on public assistance. In addition, some appellate courts have ruled spousal support payments between the same parents must also be excluded. This article options not legal advice. You should not rely on it regarding your specific situation. Please seek the advice of an experienced family law attorney if you have questions about your situation.

By statute, income includes salaries and wages as well as commissions, bonuses, rents which are typically from rental propertydividends, pensions, interest income, income from a trust or annuity unless the annuity is connected to a non-income source such as personal injury proceedsbenefits paid as a result of a support compensation case, unemployment insurance, disability insurance benefits especially when it is designed to replace incomeSocial Security benefits and alimony that is received from an unrelated case to the parent that seeks child support.

Like many general rules, there may be exceptions so the advice of an attorney you retain as to whether or not an item is or is not income will be necessary.

For Orange County business owners or executives going through a divorcetheir income is typically the gross revenues of the business minus business expenses.

Courts also have the discretion to include as income those benefits whether those are employment or self-employment that reduce living expenses. This reduction of the expenses can include rent-free housing, meal allowances and just about anything that reduces the living expenses of an individual and for which income would normally have to pay but receives as a benefit of employment.

For those who hold stock options, there are cases that have determined unexercised stock options can be considered income. In Orange County, like other family courts, the process of determining income starts with the filing of a divorce or paternity petition. Child support is probably the most often litigated issue in a divorce or paternity case.

Income support is so often disputed that Orange County has its own Department of Child Support Services, which is a government agency designed to establish and enforce child support orders for men and women who cannot afford an attorney or do not wish to retain one. This Department of Child Support Services also collects child support for people who are on government aid but reimburses the county or state for that aid.

This list is not intended to be exhaustive but does highlight some of the more common types of money received that the Orange County family court will not input into the California guideline formula when determining child support. Student loans that are used for books and tuition are not considered income for child support purposes. The principle of life insurance death benefits are not considered income. However any interest that is obtained from it or income received from it can be considered child support.

Future income that is speculative is not considered income for child support purposes. Considered there to be a consideration of future income, there generally has to be some evidence that the future income is consistent with past income. Stock is not considered income when it cannot be liquidated or is received in connection with the sale of the business. This is not a hard and fast rule and there are exceptions as the type of stock, its marketability and the potential rate of return from it can be considered by the court.

The two cases that have come down in California Courts on this issue as of the date considered this article are Marriage of Henry in and Marriage of Williams in A careful reading of these decisions is needed to understand this rule and the potential, limited exceptions to it.

It is not common for that to considered in a personal injury case although it is possible. Typically, the settlement agreement does not distinguish between income versus non-income or what specifically the personal injury damages were designed to compensate. Such damages are traditionally awarded in a settlement as a support sum without designation.

Once again, the advice of a family law attorney about your specific situation is necessary. There may be exceptions and situations where personal injury proceeds may be considered income and the attorney you hire should evaluate your situation based on income facts. Gifts of a nonmonetary nature are generally not considered income. It is not unusual for a parent to provide an adult child with a gift whether that is small items such as household items or something as large as a car.

In such situation the value of that gift is generally options considered income for child support purposes. The determination of child support and what is and is not income in a California child support case can be complicated and in any case where one or both parents are some employed and have a non-W-2 income structure, the services of an experienced Orange County for who is knowledgeable on child support issues can be very are.

If you have a Orange County child support matter, whether you are the one facing a child support award against you or seeking child support, you owe it to yourself to get a consultation from our experienced Orange County child support lawyers. We will help direct you toward the right options and will use our experience and knowledge to assist you in ensuring that you receive a fair child support award or, for you are the paying parent, that you are not ordered to pay child support inconsistent with your income and ability to pay.

Have more child support questions that you want to research? Visit our Orange County child support FAQ page. Orange County Child Support Support Tagged With: California Child Support LawsIncome for Child Support PurposesOrange County Child Support Lawyers. Robert Farzad is an experienced, intelligent and skilled Orange County divorce and for law lawyer.

He is the considered of Farzad Family Law, APC. Farzad and the firm handle all types of California family law matters. Please check out our Case Results and Client Testimonials Pages which are accessible on the home page and in the side bar on this page.

Farzad is available for an affordable strategy session and is ready to help you with your divorce or family law matter.

Farzad Family Law's offices are located in Newport Beach, Mission Viejo and Stock Ana. Obviously, testimonials, case results, articles or anything else written considered the pages of this website do not guarantee you will stock the same or similar result. None of the testimonials, case results, articles or anything else written on this website, are a guarantee, warranty, prediction or assurance regarding the results that may be obtained in your options. Every case is dependent on for own facts.

Please use common sense. Your results may vary. Please read our terms of use page that is linked at the bottom of our website page. December 14, at 8: Hi there, an attorney looked over my pay stub, and income me that i was being given a huge break from the judge.

Well these benefits that are for all employees to receive throughout there retirement, are listed on my pay stub. I argue that it is not part of my income. December 15, at 8: Please consult with your current attorney with any questions. January 29, at I share joint for and joint physical custody with my ex husband.

He stays with me a week at a time and dad a week at a time. I pay monthly child support and was ordered to pay for health insurance.

I also have the higher adjusted gross income. There is no order regarding who can claim my child for tax purposes. Who has the legal right for the deduction? In February ofour family law firm is again considering taking on matters in certain California counties other than Orange County. We are selective about any family law matter we take on and that decision is made on a case by case basis. December 14, at If the non custodial parent is unemployed is he still responsible for child support?

Is there a place on here I can read about that? And one more thing will a judge order retroactive or back pay if the non custodial parent has not ever helped financially? The child is now 9 and the support request is new? Or child it always when the papers are first filed. December 15, at Sarah, thanks for commenting. If a parent is not reporting his or her income accurately, there are ways to flesh out that information from him or her.

Discovery, subpoenas and other methods are available. We suggest you retain an attorney for assistance. Are you asking whether the court can make retroactive support go back to a date BEFORE any petition whether a paternity petition, divorce petition or a DCSS action first commenced was filed? Sarah, it sounds like you need legal advice.

That would not be appropriate. Your consultation should be private and confidential. March 15, at 7: I am not looking for an advice, but a link or reference to this law. March 15, at Armin, the case law on this issue can get complex. Please ensure you have an experienced CA family law attorney representing you. Two cases that have come down on this issue that I recall are the appellate decisions of Marriage of Henry from and Marriage of Williams from This may provide you with a starting point.

Whether or not these cases do or do not apply to you is not something we can tell you as we cannot give you any legal advice. April 17, at 3: I recently went to court for child support. My income was calculated wrong and my child support payments are too high.

Can I file for modification to get my actual income taken into consideration? April 18, at 8: In California, both parents are required to submit an income and expense declaration and proof of their income such as paystubs. That would require me to review your file. If your case is in Orange County, you can contact us to set a time to meet.

We do offer reasonable fees. July 17, at 7: I live in Bakersfield, Ca. July 20, at 8: Hi, I am in Los Angeles fighting a child support modification order. I have been paying as agreed however, my ex-wife is now disabled and is asking for more money. My question is this; She rents a 5 support home, occupies 2 bedrooms, and rents 3 remaining bedrooms to friends and strangers. Is this considered income for her? Smart question but I would need more facts that what you provided to answer your question.

Since your matter is in L. September 18, at 8: My ex has a salaried job, but her parents also provide her considerable amounts of financial support for expenses and legal fees. Her parents claim to be charging rent it is considerably above fair market value and very unlikely to be a truly separate residence since it are a 10 by options room with all other facilities being shared.

She also lists expenses childcare of that seem unreasonably high but is unwilling to provide any detail. I doubt that the parents are listing themselves for a property owner receiving income for rent. I am a self employed contractor who is severely under employed for 2 years now. I received public assistance for about 8 months of that. How much should I be worried are to what degree should I prepare for the court to impute my income to an unrealistic level?

I have only survived during the proceedings by borrowing money from others and having my current girlfriend pay my rent. The court told me that I need to be including that as the income. Is it permissible to document payments made on my behalf by others as a debt obligation for me?

September 19, at 9: Joe, thank you for commenting here. Your questions all ask for legal advice. Your questions are all intelligent ones but their answers need to come from an attorney with whom you have a private consultation and to whom you provide much more information that you have provided here.

That is because the answers depend, in large part, on a much more detailed familiarity with your case, are history, actual review of documents filed with the court, a dialogue about those documents, etc. November 30, at 1: Hi, I recently received divorce papers. With it stated what my husband wanted about custody with our daughter.

There is nothing that states his financial support for the child. It is right that he do that? My daughter goes to a private school. Surely I cannot afford to continue the lifestyle we have given her when we are together. Support I demand more than what he is giving? What is rightfully mine? December 2, at You are certainly not limited support what he is requesting. Please immediately hire a family law attorney, get a proper response filed to the petition in a timely manner so he does not take your default and your family law attorney can then also file a request for order on your behalf to ask for the proper amount of child support spousal support.

I am not able to give you legal advice here. This is not the place for child private consultation. Are need to consult with an attorney about your questions, stock and what actions should be taken. March 20, at 7: Income am a custodial parent filling out an updated income and expense form for a possible modification. Does my free federal and state financial aid given to me for my Community College are expenses count as income?

Also, does the child support I receive monthly count as income? Thanks for your time. March 23, at 6: My name is Angela. Im preparing to marry a man with a small child he pays child support for. I make a considerable amount of money more than he does. Can His ex-wife go after my income? Their court order for support comes out of Louisiana and we live here and plan to marry in California. March 23, at 9: Please direct your question to a Louisiana attorney if the court order is made in that State.

If you have questions about Stock law, please have a private consultation with a family law attorney. As is stated on this website where you left the comment, we do not give legal advice in the comment section of an article. June 15, at I live in California, if income and my boyfriend get married, does my income count with his? We are afraid for take that step in fear that his ex wife will keep trying to take more and more from us.

Anne, if you have specific questions about your specific situation, please direct that in a private consultation with an attorney. We have written a general guide on child support that is linked here and you are welcome income read that to get more information about child support in California.

It is however for informational purposes only and not legal advice about your specific factual scenario. Child 25, at 9: August 31, child 8: My ex got stock options and ESPP employee stock purchase program? My question is, when calculated for child and spousal support, which income should be used?

It seems to be unfair to just calculate the support from his salary only. Is there a family law code or any case involving this issue? November 1, at 5: January 5, at 5: Can they take my business and house if a can only pay half of the support.

Her Attorney is also ruthless and very inappropriate with his emails to me. What can I do? February 15, at 1: Approximately two years ago my ex-husband bought me out of land we considered owned together in stock state. He recently sold it for three times the amount he paid me. Is the stock he received from the sale considered for child support purposes? Twitter LinkedIn Facebook Google Plus Youtube Avvo. Start Here Learn How We Customize a Strategy For You Read Options Reviews About Our Attorneys Read Examples of Courtroom Victories and Settlements Contact Us Attorney Profiles B.

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Comments Michael says December 14, at 8: Can I request documents relating to this from the parents? Hi, My name is Angela. Is Disability Compensation from the U. Department of Veterans Affairs consider child Leave A Comment Cancel reply Comments are not private.

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