(DOWNLOAD) "Marriage Barbara A. Wallen v. Kempster J." by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Marriage Barbara A. Wallen v. Kempster J.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 09, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The major issue on this appeal from a divorce judgment is whether sufficient facts supported the trial courts decision to base Kempster J. Wallens child support obligation on his potential earning capacity rather than his actual earnings at the time of the divorce. We reverse this aspect of the judgment, concluding that the evidence was insufficient to support the necessary finding that Kempster was failing to exercise his capacity to earn for the purpose of reducing his ability to pay support. Since this Conclusion also bears upon the question of attorney fees contribution, we also reverse this portion of the judgment. Otherwise, the judgment is affirmed.
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