Whichever spouse has
lesser earning capacity and less property may be entitled to a bigger share of the marital property, because the other spouse will have an easier time making a fresh start.
Not exact matches
as salary incomed small investors, with limited days before lost
earning capacity, how can they make money if their investments are becoming
less today?
He expected when he returned to leave the military and find a job that paid
less, but his
earning capacity still far outpaced his soon - to - be-ex-wife's.
In these circumstances is it fair to award the woman
less damages in a personal injury lawsuit for diminished
earning capacity (future wage loss)?
If your injuries make you
less valuable as a worker (for example, you can not do heavier tasks or work longer hours), then you are likely entitled to compensation for loss of income
earning capacity.
Decreased
earning capacity (for example, if your injury requires that you switch to a
less strenuous job that pays
less than your former occupation).
The court will consider the educational level of each spouse, whether family responsibilities resulted in an interruption in education / training or employment, the
earning capacity of each spouse, and the time and expense needed for the
lesser -
earning spouse to acquire sufficient education or training.
On the other hand, if your injuries render you unable to work at your existing job or if you have to find work in a different field where you will be paid
less, you may be able to claim damages due to the reduction in future
earning capacity.
Further, even once she has recovered from her first hip injury, I find that there is a real and substantial possibility that her chronic pain disorder, and related low back and neck pain, will continue to affect her in the sense that it will diminish her sense of
capacity to
earn an income and render her
less marketable as a potential employee than she would otherwise have been.
Loss of future income /
earning capacity if you will be unable to return to work in the future because of your injuries, or if your
capacity to work has been diminished in some way, such as if you will be unable to resume the same number of hours / position, or you are
less likely to be employed because of what has happened
The appellant has a good claim for compensatory support and her income and income -
earning capacity are much
less than those of the respondent.
Temporary partial benefits are paid when an employee is able to return to work, but for shorter hours or in a
capacity that
earns a
lesser wage.
Our experienced Vancouver imputed income lawyers know paying spouses can not work beneath their
earning capacity to pay
less support nor can recipient spouses refrain from retraining or working to get more support.
If you have a residual disability and can't perform your job to the same
capacity as you could before — you're still
earning money, but
less of it — your employer's group policy might not cover that at all.
In calculating Father's child support obligation, the trial court doubled Mother's
earning capacity and gave Father credit for direct expenditures on behalf of the children, arriving at a child support award
less than half of the Guideline amount.
The consideration of one parent's financial ability to support a custody arrangement should not discriminate against the parent who stayed home to raise the children or whose
earning capacity is
less for a number of reasons, including status in the society.