In Re Marriage of Ayyad

38 P.3d 1033
CourtCourt of Appeals of Washington
DecidedMarch 19, 2002
Docket46959-2-I
StatusPublished
Cited by12 cases

This text of 38 P.3d 1033 (In Re Marriage of Ayyad) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Ayyad, 38 P.3d 1033 (Wash. Ct. App. 2002).

Opinion

38 P.3d 1033 (2002)

In re MARRIAGE OF Amineh A. AYYAD, Appellant, and
Mohammad Rashid, Respondent.

No. 46959-2-I.

Court of Appeals of Washington, Division 1.

January 28, 2002.
As Amended on Denial of Reconsideration March 19, 2002.

*1034 Helmut Kah, Woodinville, for Appellant.

Catherine Smith, Edwards Sieh Smith & Goodfriend, Teresa McNally, Preson Gates & Ellis, Seattle, for Respondent.

WEBSTER, J.

Amineh Ayyad and Mohammad Rashid divorced in 1993 and agreed upon child support and other matters in the dissolution decree. The decree contained a provision for annual adjustments in child support, based upon the parties' income and other relevant factors. Following the divorce, Rashid's wealth increased substantially with the rising value of his Microsoft stock options, as did his income as he exercised and cashed in vested stock options. In September 1999, Ayyad sought adjustments for 1998 and 1999. A court commissioner denied any increase in the transfer payment from that which was set in the adjustment for 1997. The trial court denied Ayyad's motion for revision. Ayyad appeals, arguing that the trial court erred in calculating the father's income by not including his exercise of stock options, bonuses, dividends, interest and contributions to a retirement savings plan, and by awarding too little in attorney fees. We reverse in part, and remand. The court should have included Rashid's income from the exercise of stock options in his worksheet income, and the court based the modest award of attorney fees on an untenable basis.

*1035 FACTS

Mohammad Rashid and Amineh Ayyad divorced in June 1993 after having one child together. A child support order attached to the divorce decree required Rashid to pay $600 per month as a transfer payment plus all day care and special expenses, the costs of skill development classes, and $1,200 for an annual clothing allowance. To account for changes in income, the child support order provided for annual adjustments: "Annually on August 1 of each year based upon the parties' income and other relevant factors which exist at the time of adjustment." Clerk's Papers (CP) at 1824.

In September 1997, Ayyad obtained a court-ordered adjustment that increased Rashid's transfer payment to $1,240.64 per month. Although the standard calculation for Rashid was $740.64 per month at that time, the court commissioner approved a deviation upward based on his possession of wealth-in excess of $2,000,000 at the time, and substantially comprised of Microsoft stock options. On revision, the court approved the commissioner's order but made Ayyad responsible for 16.5 percent of their child's special and extraordinary expenses.

Ayyad moved for adjustment again in September 1999, for the years 1998 and 1999. Although the court commissioner pro tem increased the annual clothing allowance to $1,800, he left the transfer payment essentially the same as set in 1997, at $1,245 per month. Citing the law of the case and the absence of a motion to modify, the commissioner pro tem refused to consider Rashid's exercised stock options as income but treated them as wealth for deviation purposes. The commissioner pro tem awarded Ayyad $3,500 in attorney fees. On revision, the court reversed the commissioner pro tem's ruling, ruling that the law of the case did not prohibit considering the stock options as income and that a motion to modify was not necessary to make such an adjudication. It is clear from the record that the court made no conclusion as to whether the stock options are or are not income, except to say that the exercise of vested Microsoft stock options would not constitute income if left as Microsoft stock rather than cashed in. The court remanded to a full-time commissioner.

On remand, the commissioner found that Rashid earned a net income of $6,164.48 per month in 1998, and $7,408.79 in 1999 (excluding stock options). In contrast, Ayyad earned a net income of $1,016.97 in 1998, and $1,568.53 in 1999. Their combined monthly net income exceeded $7,000 per month, the highest category in the statutory economic table. RCW 26.19.020. Because Rashid exercised his Microsoft stock options primarily to diversify his asset holdings rather than to increase his standard of living, and because the court had previously considered the options as wealth rather than as income in setting the 1997 Child Support Order, the commissioner did not consider Rashid's exercise of stock options in calculating his net income. Even if it was income, she explained that she would not change the transfer payment after considering all the statutory factors. The commissioner kept the transfer payment at the 1997 level, kept the additional clothing allowance at $1,200 per year and increased the mother's proportionate share of the child's special and extraordinary expenses. The commissioner awarded Ayyad $1500 for attorney fees, stating that it was on the basis of need and ability to pay, but stating further: "The Court does not grant further attorney's fees as the Petitioner pursued this case beyond the extent that was necessary." Clerk's Papers at 1631.

On revision, the court upheld the commissioner's ruling, stating that the child should not have more lavish lifestyle than the obligor parent when all support needs are met. Ayyad appeals.

DISCUSSION

I.

Support Transfer Payment

We review child support modifications and adjustments for abuse of discretion. In re Marriage of Griffin, 114 Wash.2d 772, 776, 791 P.2d 519 (1990). Generally, a parent may seek an adjustment to child support obligations once every 24 months based on changes in income. RCW 26.09.170(8)(a). A dissolution decree, however, may provide for automatic periodic adjustments more frequently than every two years. RCW 26.09.100(2). Here, the original decree provided *1036 for annual adjustments based on changes in income and other relevant factors. Such adjustments are made on the basis of the statutory child support schedule. RCW 26.09.100(2) (citing chapter 26.19 RCW).

In establishing the child support schedule, the legislature intended to insure that every child support order meets the child's basic needs and provides additional financial support commensurate with the parents' income, resources and standards of living. RCW 26.19.001; In re Marriage of Leslie, 90 Wash.App. 796, 803, 954 P.2d 330 (1998). In addition, the legislature intended to equitably apportion the child support obligation between both parents. RCW 26.19.001. To meet these goals in determining the child support obligation, the trial court first determines the income of each parent.

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Bluebook (online)
38 P.3d 1033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-ayyad-washctapp-2002.