What is the test for determining whether a husband is entitled to alimony and child support?

California, United States of America


The following excerpt is from Marriage of Sinks, In re, 204 Cal.App.3d 586, 251 Cal.Rptr. 379 (Cal. App. 1988):

"While it is true that an award of alimony and child support may be based upon the husband's ability to earn as distinguished from his actual [204 Cal.App.3d 593] income, the rule seems to be applied only when it appears from the record that there is a deliberate attempt on the part of the husband to avoid his financial family responsibilities by refusing to seek or accept gainful employment [citations]." ( Philbin v. Philbin, supra, 19 Cal.App.3d at p. 121, 96 Cal.Rptr. 408.)

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