Attribution of Income

The Appeals Court affirmed a Probate Court judgment attributing income to the husband in a divorce case.  The case reminds practitioners that courts may consider the earning capacity of a party in appropriate circumstances.  Where a party is voluntarily earning beneath his/her capacity, such attribution is “particularly appropriate,” according to the Appeals Court.  Similarly, such attribution may also be appropriate where a judge determines that a career change is voluntary.  Where a judge attributes income, however, the Appeals Court noted that a specific amount of income ought to be attributed.  C.D.L. v. M.M.L., 72 Mass.App.Ct. 146 (June 27, 2008).