CALIFORNIA FAMILY LAW
...Business Interests
......C/P Interest in S/P Business
.........Determining C/P Interest
............Van Camp Method
11 Cards On This Topic:
  • C/P interest in services of owner in capital intensive business equal to reasonable compensation; balance is s/p.
  • Factors trial ct. looked to in determining that H’s income from s/p business was adequate.
  • Van Camp approach used where increase in value of s/p not due to efforts of owner.
  • Large increase in s/p business confirmed as s/p.
  • Trial court finding that H was adequately compensated for his services during marriage to his s/p tool corporation and thus no c/p interest affirmed; no need to separately evaluate corp. goodwill.
  • Where increased value of mature business due to natural growth and not efforts of owner, it is not profits of business but actual value of owner’s services that is c/p.
  • C/P interest in employment agency determined by value of W's services.
  • No fixed rules for determining income of owner of s/p business.
  • Increase in value of s/p assets apportioned solely to s/p despite substantial efforts to maintain.
  • Van Camp formula appropriate when increase due primarily to market pressures.
  • Test for reasonable value of services is what independent employers pay others to perform similar services.