Miller v. Miller
For purposes of setting alimony, court imputed income by using the rate of return of A-rated long-term bonds.
For purposes of setting alimony, court imputed income by using the rate of return of A-rated long-term bonds.
Duty to support children is outweighed by parent’s decision to home school.
Voluntary contributions to pension plan are included in income to determine maintenance.
Payments of accounts receivable and contingent fee contracts from sale of interest in law firm are property division, not income, since they can be presently valued.
Court has discretion to consider gifts as reducing need for maintenance.
Spouse’s income does not count for child support modification.
(1) SSI is not available for child support, but (2) Seek-work order was appropriate and does not conflict with SSI program.
No error by court in including overtime in husband’s income where there is evidence in the record that he earned overtime income on a regular basis.
Holding that the court can consider the resources of a non-liable spouse in determining a liable person’s ability to pay for a dependent relative’s care is consistent with Poindexter and with Burger. Those cases held that the non-obligated spouse’s income can be taken into consideration in determining the liable spouse’s ability to pay, but cannot be used to satisfy the obligation.
No bright line rule regarding retained earnings – court to decide on a case by case analysis whether retained earnings have to be considered income for maintenance purposes.