Matter of Marriage of Waterman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the obligee must demonstrate that the obligor is able to pay support based on imputed income that exceeds the obligor’s current income
• stating that courts should be circumspect about imposing a support award “based on income not presently available”
• gross income includes all wages received on a regular basis, including regularly received overtime pay
• “[T]he evidence that [the] husband worked more overtime in the past for a different employer is not germane to the calculation of his present gross income under the rules, in the absence of extenuating circumstances.” (Emphasis in original.)
• “[W]hen there is evidence in the record of the husband’s actual income, it is incumbent upon the wife as the proponent of a higher income figure to demonstrate husband’s present ability to pay spousal support based on the higher amount.”
• “[W]hen there is evidence in the record of the husband’s actual income, it is incumbent upon the wife as the proponent of a higher income figure to demonstrate husband’s present ability to pay spousal support based on the higher amount.”

Source: CourtListener parenthetical corpus (CC0).