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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