Harvey v. Robinson

I respectfully dissent. When determining a party’s gross income for purposes of computing child support payments the trial court “may include the difference between the amount a party is earning and that party’s earning capacity when the party voluntarily becomes or remains unemployed or underemployed, if sufficient evidence is introduced concerning a party’s current earning capacity.” 19 M.R.S.A. § 311(5)(D) (Supp.1994) (emphasis added). Consideration of earning capacity as opposed to present income is not mandatory and we should not disturb a court’s decision whether to consider earning…