In Re Marriage of Derleth v. Cordova
Court reasonably exercised its discretion in not incorporating husband’s fringe benefits for insurance in his income for purposes of maintenance.
In Re Marriage of Bjorgo v. Bjorgo
Courts look to taxable income when determining ability to pay child support. Therefore, Sub S distributions, including the portion used to pay tax obligations, are properly considered in determining gross income. No reason was given why the same income would not be available for maintenance.
Marriage of Rose v. Rose
Trial court does not have authority to change placement within two years of the initial placement order, absent finding of harm, if the modification would substantially alter the time a parent spends with the child.
Anderson v. Anderson
Award of alimony or child support that exceeds the itemized expenses is not, per se, an abuse of discretion. Award must be considered in light of accustomed standard of living and ability to pay. Alimony and support is based on the needs of the wife and children and the ability of the husband to pay.
Vander Perren v. Vander Perren
(1) Court abused its discretion when it limited the period of maintenance without adequate findings of fact. (2) A party’s lack of initiative or effort to become self-supporting is a relevant factor for the court to consider, but it is not determinative.
In Re Marriage of Dixon v. Dixon
Evidence of marital misconduct not admissible for determining maintenance.
In Re Marriage of Lundberg
Maintenance not limited to just cases of need. It is to be a flexible tool to ensure a fair and equitable determination in each individual case.
In Re Marriage of Lewis v. Lewis
Award of maintenance is a discretionary determination which, to be sustained, must be based on facts in the record and the appropriate and applicable law.
In Re Marriage of Weiss v. Weiss
Debts incurred after commencement may affect ability to pay maintenance.
In Re Marriage of Steinke v. Steinke
Maintenance is not based solely on need – it is not limited to those situations where a spouse cannot support his or her self.