In Re Marriage of Eisenberg v. Eisenberg
Trial court erred in considering income from a spendthrift trust for maintenance where the trustee had the discretion to decline to make distributions.
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.