Cohn v. Cohn

Opinion

CALLAHAN, J.

Appellant Howard E. Cohn (Howard), former husband of respondent Patricia O. Cohn (Patricia), appeals from a judgment after trial which awarded Patricia temporary and permanent child and spousal support. Howard contends the court abused its discretion in imputing income to him based on earning capacity when the evidence showed he had no opportunity to work.

We shall conclude the trial court acted within its discretion in imputing income to Howard, but that the court’s earning capacity figures are not supported by substantial evidence. We will therefore reverse and remand for…