In Re the Marriage of Kerr
Opinion
Opinion
Joseph, J.
. John Kerr (Richard) appeals an order setting spousal support and child support after dissolution of his 20-year marriage to Deedee Jean Kerr (Deedee). Richard contends the court erred in awarding Deedee additional spousal and child support based on a percentage of postdissolution stock option income from his employment with Qualcomm, Inc. (Qualcomm).
Although we conclude the court properly awarded Deedee additional spousal support and child support based on Richard’s income from the exercise of future stock options, we further conclude use of a percentage to calculate the amount of support, under the unique circumstances here, was error. Accordingly, we affirm the order in part and remand the matter for a determination of a proper amount of support based on the parties’ standard of living during the marriage and the needs of the minor children.
Factual and Procedural Background
Richard and Deedee were married on February 3, 1973, and separated on August 21, 1993. They have shared joint legal custody of their two children, Jesse John (bom October 1, 1981) and Dustin Nelson (bom March 12, 1984), who reside primarily with Deedee. Deedee has a 12th grade education and…