Murray v. Murray

716 N.E.2d 288, 128 Ohio App. 3d 662
CourtOhio Court of Appeals
DecidedFebruary 8, 1999
DocketCASE NO. CA98-08-097
StatusPublished
Cited by60 cases

This text of 716 N.E.2d 288 (Murray v. Murray) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. Murray, 716 N.E.2d 288, 128 Ohio App. 3d 662 (Ohio Ct. App. 1999).

Opinion

Powell, Judge.

Plaintiff-appellant, Graeme Murray, appeals the decision of the Warren County Court of Common Pleas, Domestic Relations Division, granting the motion of defendant-appellee Susan Murray to modify child support and increasing appellant’s child support obligation. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

Appellant and appellee were divorced in 1994. The parties entered into a separation agreement, which was incorporated into the final decree filed on May 16, 1994. Appellee was granted custody of their son, Iain, and appellant was to pay child support in the amount of $1,810 per month. The marital property was divided between the parties, including unexercised stock options appellant had received as an executive employee at Proctor & Gamble Company (“P&G”).

Appellant’s child support obligation was based upon his income at the time, which was $212,702 in salary and average bonuses. Then-existing unexercised stock options were not considered in determining child support because they were *665 dealt with in the property division. Since the divorce, appellant has remained at P&G, and his income has increased substantially.

On May 18,1997, appellee filed a motion to modify child support, asserting that there had been a significant change in appellant’s income warranting a recalculation of child support. Appellant stipulated his income had increased to $325,743 per year. This amount was composed of his base salary, average annual bonuses, dividends and interest, and taxable employee benefits, but not the stock options he had received in the years after the divorce. Appellant offered to pay $2,754 per month in child support based upon his stipulated income.

On January 29, 1998, a magistrate held a hearing on appellee’s motion. The primary issues were whether appellant’s unexercised P&G stock options should be included in his “gross income” for purposes of determining child support, and, if so, how to value the stock options. On May 18, 1998, the magistrate filed his decision, finding that the value of the P&G stock options should be imputed to appellant and included in “gross income” pursuant to R.C. 3113.215. Appellant’s child support obligation was increased to $7,494.10 per month.

Appellant filed objections to the magistrate’s decision. On July 23, 1998, the trial court overruled the objections and adopted the magistrate’s decision. Appellant filed a motion to reconsider, arguing that the magistrate had erred in his calculations. On August 17, 1998, the trial court granted the motion, and ruled that the magistrate had incorrectly included the value of one option which the parties had included in appellant’s stipulated income. The trial court reduced the imputed income to $481,109.60, which, in turn, reduced appellant’s child support obligation to $6,821.27 per month, plus a processing fee.

Appellant appeals the July 23, 1998 decision, raising three assignments of error.

“Assignment of Error No. 1:

“The .trial court erred to the prejudice of plaintiff-appellant by including imputed income attributable to unexercised employee stock options in gross income for the purpose of modifying plaintiff-appellant’s child support obligation.”

In his first assignment of error, appellant argues that the unexercised P&G stock options do not constitute “potential cash flow” and are not included in “gross income” as defined in R.C. 3113.215(A)(2). He asserts that the stock options are only marital property subject to division under R.C. 3105.171. Appellee responds that the stock options are deferred compensation and a source of “potential cash flow” included in “gross income.”

*666 The issue presented is one of first impression. This court has found no cases addressing the issue of whether unexercised stock options should be considered when determining the obligor’s income for purposes of child support.

The trial court possesses considerable discretion in child support matters. The decision of the trial court will be reversed only if it is the product of an abuse of discretion. Pauly v. Pauly (1997), 80 Ohio St.3d 386, 390, 686 N.E.2d 1108, 1111. “Abuse of discretion” is described as “more than an error of law or judgment, it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 5 OBR 481, 482, 450 N.E.2d 1140, 1142.

R.C. 3113.215 is a comprehensive enactment governing the procedures for awarding and calculating child support. Its provisions are mandatory in nature and must be followed literally and technically in all material respects. This is because the overriding concern of R.C. 3113.215 is the best interest of the child for whom support is being awarded. Marker v. Grimm (1992), 65 Ohio St.3d 139, 141-142, 601 N.E.2d 496, 497-499. The calculation of support must be made in accordance with the basic child support schedule set forth in R.C. 3113.215(D) and the applicable model worksheet in R.C. 3113.215(E) or (F). R.C. 3113.215(B)(1). If the court makes the proper calculations based upon the schedule and applicable worksheet, the amount shown on the worksheet is “rebuttably presumed” to be the correct amount of child support due. R.C. 3113.215(B)(1); Rock v. Cabral (1993), 67 Ohio St.3d 108, 110, 616 N.E.2d 218, 220-221. Any deviation from the child support guidelines, worksheet, or basic child support schedule must be made in full and strict compliance with the requirements of R.C. 3113.215(B)(1)(a) and (b), and the deviation must be supported by the evidence and stated in the trial court’s findings of fact. Marker, supra, at syllabus.

The amount of child support to be paid by the obligor is based upon the obligor’s “income.” R.C. 3113.215(A)(1) defines “income” as, “[f]or a parent who is employed to full capacity, the gross income of the parent.” R.C. 3113.215(A)(2) defines “gross income” as follows:

“[E]xcept as excluded in this division, the total of all earned and unearned income from all sources during the calendar year, whether or not the income is taxable, and includes, but is not limited to, income from salaries, wages, overtime pay and bonuses to the extent described in division (B)(5)(d) of this section, commissions, royalties, tips, rents, dividends, severance pay, pensions, interest, trust income, annuities, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, benefits received by and in the possession of the veteran who is the beneficiary for any service- *667

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Bluebook (online)
716 N.E.2d 288, 128 Ohio App. 3d 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-murray-ohioctapp-1999.