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Stock Options Considered Additional Income for Redetermination of Child Support After Dissolution of Marriage

Child support set in a Judgment of Dissolution of Marriage is impacted by the income of the party responsible for paying child support.

If the party receives stock options, or grants of stock options, there may be an issue as to whether or not said property rights constitute income for purposes of determination or redetermination of child support.

The granting of stock rights, can be problematical. A position could be taken that in the even the stock rights recipient former spouse, who receives grants of said stock rights, reports same as income in his or her income tax return, post-divorce, that may be determinative as to whether or not said stock rights, or grants in the stock rights, constitutes income for purposes of determination or redetermination of child support.


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Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official Illinois guidelines are not appropriate, the court considers the financial resources and needs of the child, the standard of living the child would have enjoyed if the marriage had endured, the physical, emotional, and educational needs of the child, and the financial resources, needs, and obligations of both the non-custodial and the custodial parent. Support payments may be ordered paid directly to the court.
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