State ex rel. Department of Health & Human Resources v. Baker

557 S.E.2d 267, 210 W. Va. 213, 2001 W. Va. LEXIS 132
CourtWest Virginia Supreme Court
DecidedNovember 28, 2001
DocketNo. 29775
StatusPublished
Cited by3 cases

This text of 557 S.E.2d 267 (State ex rel. Department of Health & Human Resources v. Baker) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Department of Health & Human Resources v. Baker, 557 S.E.2d 267, 210 W. Va. 213, 2001 W. Va. LEXIS 132 (W. Va. 2001).

Opinion

ALBRIGHT, Justice.

Jeffrey Lynn Baker appeals from the February 26, 2001, order of the Circuit Court of Kanawha County, which directed him to pay past and current child support to Appellee, Denise Jams Hannan. Appellant asserts error with regard to the lower court’s decision that income realized in connection with the exercise of certain stock options was “gross income”1 and with the attribution of income to him at the annual rate of $40,000. Upon our review of these issues, we determine that the lower court did not err by including income realized from the exercise of certain stock options in calculating child support, but that the circuit court did error with regard to the issue of attributed income. Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. Factual and Procedural Background

The Department of Health and Human Resources (“DHHR”), through its child support enforcement division, filed an action in the circuit court, seeking both a determination of paternity and child support. As a result of blood testing, Appellant2 was adjudicated the father of Andrew J.D.,3 who was born on August 19,1995. The parties agreed that Appellant’s child support obligation would be retroactive to January 1,1997.

A hearing before the family law master was held on August 28, 2000, for the purpose of taking testimony from the parties relevant to the issue of child support. During the hearing, Appellant was questioned about the fact that he had just lost his employment with the McDonald’s Corporation, with whom he had been employed for sixteen years. While Appellant indicated at the hearing that he was in the process of challenging his termination, he was apparently terminated for utilizing company employees to perform personal tasks.

In calculating the income available for the determination of back-owed child support, the family law master included income that resulted through Appellant’s exercise of certain stock options. For the years 1998 and 1999, the family law master included as “gross income” to Appellant earnings that he received from the exercise of stock options he owned in McDonald’s corporate stock for those respective years. For purposes of calculating Appellant’s current child support obligation, the family law master attributed income of $40,000 per year to Appellant, although Appellant was unemployed at the time of the ruling. Through its order of February 26, 2001, the circuit court adopted the recommendations of the family law master. With regard to that ruling, Appellant challenges both the inclusion of the stock option earnings in calculating his past child [216]*216support obligation and the attribution of income in calculating his current child support obligation.

II. Standard of Review

In syllabus point one of Burnside v. Burnside, 194 W.Va. 263, 460 S.E.2d 264 (1996), we announced the standard under which we review circuit court orders that involve the adoption of findings by a family law master:

In reviewing challenges to findings made by a family law master that were also adopted by a circuit court, a three-pronged standard of review is applied. Under these circumstances, a final equitable distribution order is reviewed under an abuse of discretion standard; the underlying factual findings are reviewed under a clearly erroneous standard; and questions of law and statutory interpretations are subject to a de novo review.

Because the issues raised in this appeal involve either questions of law or statutory interpretation, our review is de novo.

III. Discussion

A. Stock Option Exercise

Appellant realized $86,778 in connection with the exercise of stock options for 1998 and $47,620.58 for 1999. These amounts reflect the gross amounts of the moneys realized through the exercise of such stock options. Appellant was required to pay income tax on these funds, and, as evidenced by his tax returns for these respective years, he did pay taxes on the capital gains he realized through the exercise of the stock options. Appellant urges this Court to view the moneys received through the exercise of the stock options as outside the definition of “gross income” and, therefore, bej^ond the reach of the child support formula. See W. Va.Code § 48A-1A-I9(a) (1999).

As with any issue of statutory interpretation, we look to the relevant and controlling language.4 Under West Virginia Code § 48A-1A-I9(a), “gross income” is defined to mean both “earned and unearned income.” It is further defined to include, “[ejarnings in the form of salaries, wages, commissions, fees, bonuses, profit sharing, tips and other income.” W.Va.Code § 48A-1A-I9(b)(l). And, “[djepending on the circumstances of the particular case,” capital gains may also be viewed as “gross income.” W.Va.Code § 48A-lA~19(c). While there are statutorily provided exceptions to the definition of “gross income,” none of those exceptions applies to the facts of this case. See W.Va. Code § 48A-1A-I9(d).

Appellant’s argument that the stock option funds should not be viewed as income is predicated on a theory that whether funds qualify as “gross income” is dependent on whether they constitute recurrent income or whether the income is nonrecurrent in nature. Claiming that the funds he realized from the stock options were nonrecurring, Appellant urges this Court to look beyond the statutory definition of “gross income” and find error in the lower court’s inclusion of such funds in the child support calculations.

While we appreciate the argument advanced by Appellant, we simply have no basis in the law for viewing the stock option income as beyond the reach of child support. See W.Va.Code § 48A-1B-2 (1997) (Repl.Vol. 1999) (discussing how child support calculation is reached); cf. Yost v. Unanue, 109 Ohio App.3d 294, 671 N.E.2d 1374, 1376 (1996) (referencing statutory definition of “nonrecurring” income in affirming lower court’s decision not to modify child support since parties were aware of stock option income at time of divorce). Contrary to Appellant’s representation that the determining factor concerning whether moneys realized from stock option exercise is income is whether it is a one-time realization of income, the authority upon which Appellant relies stands only for the proposition that stock options, when exercised, are properly treated [217]*217as income for child support purposes, barring some statutory exclusion. See, e.g., In re Marriage of Kerr, 77 Cal.App.4th 87, 91 Cal.Rptr.2d 374, 380 (1999) (treating exercise of stock option as income); In re Marriage of Campbell, 905 P.2d 19, 20 (Colo.Ct.App.1995) (holding that exercise of stock option is ordinary income for purposes of child support); Kenton v. Kenton, 571 A.2d 778, 782-83 (Del. 1990) (analogizing stock option income to bonus and viewing same as income); Yost, 671 N.E.2d at 1376 (identifying statutory definition of “nonrecurring” income under Ohio law).

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STATE EX REL. W. VA. DHHR v. Baker
557 S.E.2d 267 (West Virginia Supreme Court, 2001)

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557 S.E.2d 267, 210 W. Va. 213, 2001 W. Va. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-health-human-resources-v-baker-wva-2001.