Johnson v. Johnson
Evidence in child support modification case did not support the district court’s determination that ex-wife had an annual wage-earning capacity of $52,000 a year; ex-wife testified that an unspecified medical condition rendered her unable to work as a pilot, and although ex-husband was employed in the aviation industry, he did not testify that he had a specific basis for his purported knowledge of compensation for pilots or positions available for pilots, he did not refer to any research or inquiries on the matter, he demonstrated limited knowledge of ex-wife’s past earnings, and he declined to specify names of potential employers, and evidence of ex-wife’s full-time job offer with her former employer for $18,000 per year called into question ex-husband’s opinion that she could obtain employment there at a rate of $52,000 per year, as well as his contention that she was capable of earning that sum. (Case also addresses issue of social security payments and gratuitous payments.)
https://supremecourt.nebraska.gov/sites/supremecourt.ne.gov/files/sc/opinions/scMay15S-13-775.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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