Earning Capacity Update: Court Finds Lawyer Capable of Earning Twice As Much As Reported

“Earning capacity…is an amount which a person can realistically be expected to earn considering such things as his vocational skills, employability, age, and health,” pursuant to Weinstein v. Weinstein, a 2007 decision of the Connecticut Supreme Court.

Despite the downtrodden economy, family law judges are still applying the well-established principles of Weinstein in assigning “earning capacity” to litigants in divorce cases where circumstances demonstrate that income could and should, in fact, be substantially greater than what is reported during the divorce.

Just last month, the Superior Court of Hartford (Adelman, J.) held that a law partner who alleged his income was $58,937.00 in 2010 was actually capable of earning $120,000.00 per year, and fixed alimony awards based on such earning capacity.  Traystman v. Traystman, Hartford J.D., Docket No. FA10-4050338.

By: H. Daniel Murphy

If your divorcing spouse is currently unemployed, underemployed, or otherwise (perhaps deliberately) earning less than he or she should reasonably be expected to earn, we recommend you consult with our family law attorneys at Maya Murphy, P.C..  Any inquiries regarding this posting or confidential inquiries concerning the subject matter may be directed to Attorney Joseph C. Maya at jmaya@mayalaw.com, or by phone at 203-221-3100.

Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.