In Re Marriage of Derr v. Derr
A non-cooperative party cannot be heard to complain when a court approximates income available to support.
In Re Marriage of Jarman v. Welter
Court commissioner and trial court incorrectly excluded overtime income as a general policy. Overtime income can be excluded if it would be unfair to the parties or other factors support exclusion.
Lyman v. Lyman
Settlement from wrongful termination of employment lawsuit was income available for child support.
Callen v. Callen
Trial court did not have to find shirking to impute income given the flexibility of the father’s income.
Kanehl v. Pitel
Trial court did not have to find shirking to impute income given the flexibility of the father’s income.
Derleth v. Cordova
Although wife failed to preserve argument for appeal, court can exclude fringe benefits for health, dental and vision insurance from husband’s income as he had to maintain this insurance and pay the premiums until the children reached the age of majority.
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.
Hirschfield v. Hirschfield
Payment of voluntary expenses for minor children do not count as court ordered support payments.
O’Brien v. Freiley
No credit for voluntary expenditures for children.
Marriage of Greenwood v. Greenwood
(1) Court cannot impose retroactive support obligation. (2) Where custody was transferred, court cannot “credit” child support payments for time after transfer and before court order as that would constitute retroactive support.