Determining Ability to Earn for Support Purposes

“One of the strongest indicators of a party’s ability to earn is the salary, which he or she was recently earning, especially when a party has been unemployed for only a brief period of time… The courts have recognized that when parties suffer temporary physical setbacks the loss may not be shifted to the children.” Gertcher v. Gertcher, 262 N.J. Super 176 (Ch. Div. 1992).

For more information about your rights in divorce, please contact Chuck Vuotto at cvuotto@starrgern.com or by phone at his Roseland, NJ office (973) 403-9200. You may also read more articles on divorce at vuotto.com