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Do stock options count as income

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do stock options count as income

The determination of income drives the child support calculation. Every possible source of funds is considered in the calculation. Last month, we examined "hidden sources of income" that are often overlooked, but are nevertheless considered income for purposes of child support. This month, we'll turn stock a form of compensation that is becoming increasingly popular: WHAT ARE STOCK OPTIONS? In recent years, stock options have become an increasingly popular benefit at all tiers of the corporate employment ladder. Yesterday's file clerk in an internet start-up company is tomorrow's millionaire because of stock options. Stock options are the ability to purchase a specified number of shares of income at today's price at sometime in the future. The date on which the stock option may be exercised is the date of vesting. Employees like this form of compensation because in today's stock market, it affords the ability to make a lot of money. The only thing the employee loses stock compensation he gave up in order to receive the option, such as more salary or a bonus. Most employees don't miss what they don't see. When a stock option is exercised, as in the scenario above, the employee has realized a capital gain. To the extent that the capital gain is recognized as "income" under the child support guidelines, then the profit realized on the exercise of the stock options will be considered income. Capital gains are considered income when they are recurring; when they are a one-time event, they are not considered. The same rule is followed for stock options. Compare In re Marriage of CampbellP. Goold11 Conn. UnanueOhio App. In a case of first impression, the Ohio Court of Appeals in Murray v. Relying on the general principle that the definition of income is intended to be both broad and flexible, the court held that unexercised stock options are to be considered part of gross income. The court specifically analogized the unexercised stock options to retained earnings of a corporation where the parent is the majority shareholder. Williams74 Ohio App. In both these instances, the parent should not be allowed to sit upon assets and hide behind the shield of a corporate business decision, depriving the children of an income stream they would otherwise enjoy. Count to the value of the unexercised stock options, the court held that the best way to value stock options is to account for the options' appreciation in value as determined on the options and exercise dates of income options which fall into the income year at issue. By this method, the options are valued according to the underlying stock price on the date most important to the options' holder, the date the options may be exercised and income realized. Anderson60 Ark. MerrillN. BNA Iowa Count. CampbellSo. RothN. AckermanS. BenitzS. SmithA. BarhamS. BellinoN. NelsonN. WeisWis. BaileyP. Rohrer24 Fam. On the other hand, if the parent is a minority owner, or if the retained earnings are essential for the continued existence of the business as opposed to growththen the retained earnings need not be considered. McTurnerLa. WrightN. TaylorN. Reipenhoff64 Ohio App. MuirP. KingPa. Just because a particular item may be considered "property" for purposes of equitable distribution does not mean that same item cannot be considered "income" for purposes of child support. In the case of child support, there can be no "double dipping," because the child never received any property in the equitable distribution award. Moreover, the income definition count the child support guidelines includes veterans' benefits, insurance benefits, workers' compensation benefits, pensions, annuities, capital gains, lottery options gambling winnings, and prizes or awards, all of which stock property interests that may be equitably divided between the spouses. This principle was stated most recently in In re the Marriage of HokinNo. There, the court stated that it is wholly proper to count as income retirement benefits the spouses receive as part of the equitable distribution award. Stock is no "double dipping" problem, because as between the parent and options child, the retirement pension is being taken into consideration for the first stock the child is not a options to the income award. That the court may consider the retirement benefits as "income" for purposes count child support while at the same time considering them property for purposes of equitable distribution, and such does not constitute "double dipping," is amply income by case law from other jurisdictions. For example, in In re Marriage of KlompsIll. There can be no "double dipping" when it comes to child support, because the child never "dipped" into the pension for purposes of equitable distribution to begin with. The same result was reached count Loving v. SterlingA. DelassioMass. CookWis. BolligP. Looking for previous articles? STOCK OPTIONS AS "INCOME" FOR SUPPORT Laura Wish Morgan The determination of income drives the child support calculation. Another type of employee benefit frequently involved in income cases is stock options. Stock options give the employee the right to purchase stock in the employer at a price less than fair market value. Frequently, options are restricted so they cannot be exercised immediately upon receipt. Instead, the employee must remain options the company for a minimum amount of time before the options vest. The purpose of the restriction, obviously, is to encourage the employee to continue working for the employer. do stock options count as income

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