In re Marriage of Hinman

In In re Marriage of Hinman (1997) 55 Cal.App.4th 988, the former husband provided evidence that his former wife had training and experience in the computer field; letters from employment agencies showing her capacity to earn; and letters from the former wife's previous employers showing their satisfaction with her work. Despite the former wife's argument that she had not worked for over four years and had three young children, the Court of Appeal affirmed the trial court's imputation of income to her. In doing so, the court noted, "as long as ability and opportunity to earn exist . . . the court has the discretion to consider earning capacity." (Id. at p. 999.)