In Re Marriage of Pearlstein
Opinion
Opinion
Ruvolo, J.
I.
INTRODUCTION
Appellant Irwin R. Pearlstein (Irwin) appeals from the family law court’s decision to include, as part of his gross income for child support purposes, both cash and the value of stock he received for selling his business. In the published portion of this opinion, we conclude that the trial court erred by including the value of marketable, but unliquidated, stock in the calculation of Irwin’s income. In doing so, we reject respondents’ contention that the stock Irwin received for the equity in his business is analogous to a stock option commonly used as a form of executive compensation, which generally is considered gross income for support purposes. (In re Marriage of Cheriton (2001) 92 Cal.App.4th 269, 283 [ 111 Cal.Rptr.2d 755 ] (Cheriton).)
In the unpublished portion of this opinion, we conclude the family law judge also erred: (1) in making other calculations pertaining to a determina tion of Irwin’s income; (2) in directing Irwin to pay a portion of guideline support for 2004 into a Chandler trust for his minor daughter’s benefit; and (3) in imposing $5,000 in sanctions against Irwin. Accordingly, we reverse.