In today's economy, characterized by unpredictability, determining suitable alimony or child support figures has become increasingly challenging in divorce proceedings. When a primary income earner experiences a downturn—whether late in a marriage, during divorce proceedings, or shortly afterward—one must consider whether support calculations should be based on current earnings or potential earnings based on the individual's experience, education, credentials, and overall marketability.
Earning Capacity in Connecticut
Connecticut trial courts frequently employ the concept of "earning capacity," which serves as a flexible approach, especially relevant in situations where pinpointing a precise monetary income value is challenging. The Connecticut Supreme Court describes earning capacity not as a hypothetical earning amount nor limited to actual income. Instead, it reflects what a person can realistically expect to earn, taking into account factors such as vocational skills, employability, age, and health. The Appellate Court has further highlighted its appropriateness in basing financial awards on earning capacity, particularly when evidence shows that a payor has voluntarily left or avoided suitable employment.
Assessing Earning Capacity
Recent legal rulings have instructed trial courts to designate a specific number to a party's earning capacity to aid judges and involved parties in future alimony modification motions. For instance, Connecticut's Supreme Court has emphasized assigning a specific earning capacity figure to an alimony payor, especially when seeking to adjust obligations due to alleged reduced taxable earnings from a new job. This is highlighted in Tanzman v. Meurer, where the Appellate Court noted the absence of any statute, case law, or practice rule mandating trial courts to specify precise earning capacity in alimony and child support determinations. The Supreme Court remanded the case to establish a "baseline" determination of the plaintiff's earning capacity to facilitate fair assessment during significant financial change claims.
Considerations for Alimony Payors
Prospective alimony payors should be prepared for judges to consider more than just tax returns or pay stubs; judges often review a comprehensive history of earnings, education, employability, and economic resilience. Even after an award is determined, it is advisable to consult a knowledgeable family law attorney before attempting to modify the award due to reduced income or employment changes.
Contact Us
If you have any questions about earning capacity and how it impacts the calculation of alimony in a divorce, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
