In Re Marriage of Flaherty

Summary

Father, who had custody, sought child support from mother, who earned $398 gross monthly and testified she worked part time by choice and could work full time. The trial court denied support and split transportation costs, and neither party requested findings. The Supreme Court affirmed: earning capacity may be considered, but father showed no sex-biased standard was applied, and without findings or evidence of her hours or full-time pay the court presumed it weighed her capacity. The court also held the appeal was not frivolous and set due process requirements for appellate sanctions.

What it means for the financial analysis

The opinion shows that a bare assertion that a parent could earn more does not compel imputed income, and that the record should include her actual hours and what full-time work would pay. Because the case turned on the deferential abuse of discretion standard and the absence of findings, and arose under former Civil Code section 196, it should be cited cautiously on earning capacity analysis.

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