Attribution of Income. The Appeals Court affirmed a Probate Court judgment attributing income to the husband in a divorce case. The case reminds practitioners that courts may consider the earning capacity of a party in appropriate circumstances. Where a party is voluntarily earning beneath his/her capacity, such attribution is “particularly appropriate,” according to the Appeals Court. Similarly, such attribution may also be appropriate where a judge determines that a career change is voluntary. Where a judge attributes income, however, the Appeals Court noted that a specific amount of income ought to be attributed. C.D.L. v. M.M.L., 72 Mass.App.Ct. 146 (June 27, 2008)
- Alimony
- Arbitration of Family Law Issues
- Attorney-Client Privilege
- Attribution of Income
- Beneficiary Designation
- Child Support
- College
- Contempt
- Dependency Exemptions
- Division of Assets
- Earned Bonus
- Earning Capacity / Imputed Income
- Earnings in a Sub-S
- Emancipation
- Financial Restraining Order on Assets
- Foreign Custody
- Grandparent Visitation
- Health Insurance
- Imputing Income
- Income Equalization
- Income of Second Spouse
- Inheritance
- Inherited Assets
- Joint Legal Custody
- Judicial Discretion
- Jurisdiction
- Life Insurance
- Marital Estate
- Mediation / Unauthorized Practice of Law
- Merger and Survival
- Modification
- Non-Disparagement Provision
- Parent Coordinator
- Parental Fitness
- Parenting Time
- Plan Document Rule
- Postnuptial
- Prenuptial
- QDRO
- “Real Advantage” Standard
- Restraining Order
- Retained Earnings
- Retroactive Support
- Rights of Unmarried Partners
- Same Sex Marriage
- Self-Employment Income
- Stock Options
- Valuation Date
