Macilwaine v. Macilwaine (In re Macilwaine)

237 Cal. Rptr. 3d 156, 26 Cal. App. 5th 514
CourtCalifornia Court of Appeal, 5th District
DecidedAugust 22, 2018
DocketA147847
StatusPublished
Cited by32 cases

This text of 237 Cal. Rptr. 3d 156 (Macilwaine v. Macilwaine (In re Macilwaine)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Macilwaine v. Macilwaine (In re Macilwaine), 237 Cal. Rptr. 3d 156, 26 Cal. App. 5th 514 (Cal. Ct. App. 2018).

Opinion

Kline, P.J.

*159In this appeal, Patricia Macilwaine contends that the trial court erred in granting John Macilwaine's request to modify an existing child support order pursuant to Family Code section 4057, subdivision (a)(3) 's extraordinarily high earner provision.1 Among the issues presented is how and when stock options factor into a supporting parent's gross income, a key factor in calculating child support under the statewide uniform guideline. Although stock options plainly constitute income for purposes of support, we must decide when employer-granted stock options must be recognized as "income," as that term is used in section 4058, subdivision (a)(1). The answer has significant implications for this case, as most of John's2 compensation was provided in the form of stock options, and more generally, given the ubiquity of stock options as employment compensation in our state. We conclude that subdivision (a)(1) of section 4058 must be construed to include all compensation that has been conferred upon and is available to the employee. At that point, the available compensation from stock options (the market price less the "strike price") should be included in gross income, regardless of whether the parent elects to exercise the option and sell shares of stock.

In the second part of our opinion, we hold that the court applied the incorrect legal standards in determining the "needs of the children," as that phrase is used in subdivision (a)(3) of section 4057, and failed to provide the explanatory findings required by section 4056, subdivision (a).

FACTUAL AND PROCEDURAL BACKGROUND

The parties married in 1996. They had four children together, born between 1997 and 2008. In 1997, the parties agreed that Patricia, who was previously a practicing pediatric nurse, should put her career on hold to stay home and raise their children. The family resided in Danville.

John and Patricia separated in 2010. In June 2012, John became Chief Technology Officer for the Lending Club. His compensation consists of a base salary; an annual performance bonus targeted around half of his base pay; and stock option grants. When John took the position with Lending Club, it was a private (non-publicly traded) startup company. John characterized his move to the Lending Club "as risky ... at that time due to its size and the uncertainty of the market."

A judgment of dissolution incorporating the parties' "Marital Settlement Agreement" (MSA) was entered on December 27, 2012. At that time, the children ranged in age from 4 to 15. Pursuant to the judgment, as of January 1, 2013, John was to pay a base amount of monthly spousal support, plus 12.5 percent of John's earnings over his annual base salary, up to a maximum of $1,200,000. In child support, he was to pay $5,200 per month in base child support and 14 percent of his earnings over his annual base salary as "bonus" support. The judgment also provides that the costs of certain "add-ons" for the children, including "necessary" education expenses, uncovered medical expenses, and *160"agreed upon" extracurricular activities would be split equally by the parties. The parties' assets were divided and sale of the marital residence was deferred.

John's stock options started to vest in July 2013. When an option vested, John obtained the right to purchase shares at the designated "strike price." Lending Club had its initial public offering (IPO) in late December 2014.

The evidence showed that John's income, as reported on his tax return, more than tripled from 2012 (when it was less than $800,000) to 2014 (when it was almost $2.6 million). As a result, in 2014, John paid approximately $32,000 per month in child support. Just before trial, John disclosed that the proceeds of options he exercised and sold in the first nine and one-half months of 2015 approached $1 million.

John's Request for Order Capping Child Support

In August 2014, John filed a "Request for Order" (RFO) seeking to cap the judgment's bonus child support provision due to his extraordinary earnings. Specifically, he sought to cap his total earnings, for purposes of calculating child support, at $1.2 million per year (thus, limiting the base for purposes of calculating "bonus" support to no more than $900,000 per year). He argued that in light of the considerable spousal support Patricia was receiving and her substantial assets, the requested cap (limiting monthly support to $15,700) was more than adequate to cover the children's needs.3 He asserted that this was in the children's best interests, in particular because they can attend public schools (or, in one child's case, obtain grant or scholarship monies to cover private school tuition). He also contended that the children "have not experienced a reduced standard of living" because they continue to live in the family residence.

Patricia opposed, arguing that the court could not consider the RFO because there had been no material change in circumstances; although John's income had increased, he anticipated this would occur once his stock options vested. Patricia also asserted that John was not an "extraordinarily high earner" and had not met his burden to show that the amount of support provided by guideline would exceed the children's needs (as he provided no evidence of those needs) or be in their best interests. Patricia's evidence in support of her opposition included an "Income and Expense Report" showing her monthly household costs of $28,917 (well in excess of the $15,700 cap proposed by John); this figure mainly consisted of expenditures for the children, but included a $4,642 proposed cost for a graduate nursing program for Patricia.4

The Parties' Trial Briefs

In his trial brief, John amended his request to cap his income, for purposes of child support, to a higher amount of $1,877,829 per year, which would cap monthly child support at about $23,600. He argued that because Patricia's household expenses had not exceeded $23,600 (once proposed costs such as the cost of a graduate nursing program were omitted from her income and expense report), that amount would meet the children's needs while in her care.

He based this argument on Patricia's expected testimony (based upon deposition *161testimony) "that, at this level of expenditure, the children's needs are satisfied while they are in her care." Patricia's admission would be corroborated by an analysis by John's expert, James Sheehy, of Patricia's actual household expenditures, which would show that, at the present level of spending, the children enjoy a comparable, comfortable, upper-middle class standard of living in both homes.

Patricia reiterated her objection that there was no material change in circumstances meriting consideration of John's RFO. She argued John is not an extraordinarily high earner and that his stock options, once vested, constitute "income" for purposes of child support.

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Cite This Page — Counsel Stack

Bluebook (online)
237 Cal. Rptr. 3d 156, 26 Cal. App. 5th 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macilwaine-v-macilwaine-in-re-macilwaine-calctapp5d-2018.