My ex and I equally divided stock and stock options in the private company he works for when we separated. Since our legal separation date and divorce, he has received more stock options in the company on two separate occasions.
The company is now being sold and we will receive a payout on the stock and stock options (he will receive a subtantially larger amount than I will because of the options he has received since we separated). My ex is stating that he doesn’t think the proceeds from this event should be included in our child support calculations.
I disagree based on what I have read on this site and other sites, as these options are deferred income, and capital gains can be included as income for child support. But I did see that one case, Yost v. Unanue, 109 Ohio App. 3d 294, 671 N.E.2d 1372 (1996) (exercise of stock options was not income because it was a one-time event), the options were not included in the CS calculations.
Would the “one-time event” situation apply in our situation?