Rich v. Narofsky

CLIFFORD, Justice,

with whom WATHEN, C.J. and ROBERTS, J., join, dissenting.

I respectfully dissent. The decision of the trial court in the area of child support is entitled to great deference. Hebert v. Hebert, 475 A.2d 422, 425 (Me.1984). Under the child support guidelines, the trial court can consider the earning capacity as opposed to the present income of one of the parties when that party voluntarily becomes or remains unemployed or underemployed. 19 M.R.S.A. § 311(5)(D) (Supp. 1992).3 Consideration of earning capacity as opposed to present income is not mandatory, however. Section…