Legal Question in Family Law in California
Is there a specific law that defines "Income" for the purposes of Child Support in CA? My ex claims his Bonus Stock that vests over three years is not income. So to say that this year when it vested for bonuses from '07, '08, '09 this is not income? Additionally, what other portions of a normal pay stub are "income"? I belive all are, but I can't find anything definintive. Please advise. Thanks!
1 Answer from Attorneys
It is basically the same as what the tax man says. If it goes on his income tax return, it's income. If that would result in inequity, however, the court has the power to deviate from guideline support calculations. So, for example, if a parent chooses to work for minimum wage and take the rest of their pay in deferred compensation that doesn't hit this year's tax forms, the court can impute the current income value of the deferred compensation. Bottom line: when it's not all straight paycheck income, it gets complicated quickly. Best to invest in an attorney at that point.