During the trial, Karen offered proof that she and Brad had built the business together, and that the downline was the result of their joint efforts – not just Brad’s. Karen argued that the residual income from the downline should therefore be split at a 60/40 rate on a monthly basis. Brad, on the other hand, asked the trial court to value the business. Upon valuation, the court could either allow him to buy out Karen’s share or direct that the business be sold, with the proceeds being split 60/40 between the two parties.

Residual income is the amount of net income generated in excess of the minimum rate of return. Residual income concepts have been used in a number of contexts, including as a measurement of internal corporate performance whereby a company's management team evaluates the return generated relative to the company's minimum required return. Alternatively, in personal finance, residual income is the level of income that an individual has after the deduction of all personal debts and expenses have been paid.