Legal Opinion

Novinger v. Smith

Superior Court of Pennsylvania

Decided August 2, 2005PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY

KLEIN, J.:

¶ 1 William A. Smith (Father) appeals from the order affirming an earlier modified support order directing him to pay child support to Elisha L. Novinger (Mother) and assigning him a $40,000/year earning capacity. We conclude that the *1256trial court abused its discretion in assessing Father an earning capacity $15,000 greater than his actual current income and greater than the income he previously made almost his entire career as a carpenter. Even if a person loses a job through his or her own fault, after several years it is necessary to reevaluate the situation by…

2Cases cited2 opinions

  1. Yerkes v. YerkesSupreme Court of Pennsylvania · 2003
  2. Ewing v. EwingSuperior Court of Pennsylvania · 2004

3Cited by1 opinion

  1. Pilewski, C. v. Lemon, G.Superior Court of Pennsylvania · 2015

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