Stoltman v. Stoltman
Overtime pay ordinarily obtained can be considered as income to set alimony award.
Overtime pay ordinarily obtained can be considered as income to set alimony award.
Overtime pay ordinarily obtained can be considered as income to set alimony award.
Automatic cost of living escalator affirmed. Cost of living clauses are supported by policy considerations of judicial economy and reduction in attorney fees.
Forgiveness of loan constituted a cash bonus within the definition of “net cash income.”
Profit sharing cannot be included as a principal asset in making a division of estate and then also as an income item to be considered in awarding alimony.
(1) Maintenance based upon a percentage of payer’s income is within the discretion of the trial court. (2) Pre-UMPA maintenance order cannot be satisfied from income from assets transferred to new wife.
Court erred in failing to consider husband’s salary bonuses as part of his income stream for purposes of computing support and maintenance.
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.
Court did not err by including interest and dividend income in modification proceeding where it was not included at the time of divorce, since his employment income resulted in sufficient income to satisfy the “cap” at the time of the divorce.
When the court ordered that husband pay maintenance of 25% of his gross income, “gross income” has same meaning as when computing child support and thus, includes husband’s bonus.