“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 email@example.com, or by phone at 203-221-3100.
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