In re Marriage of Regnery

In In re Marriage of Regnery (1989) 214 Cal. App. 3d 1367, the father voluntarily quit his job and claimed that, despite diligent efforts, he could not find work in his field of expertise. ( Id. at pp. 1373-1376.) The court stated: "Earning capacity is composed of (1) the ability to work, including such factors as age, occupation, skills, education, health, background, work experience and qualifications; (2) the willingness to work exemplified through good faith efforts, due diligence and meaningful attempts to secure employment; and (3) an opportunity to work which means an employer who is willing to hire. If all three factors are present, the court must apply the earning capacity standard to derive the mandatory minimum support payment to the extent the application is consistent with the needs of the child. The court may also take a parent's ability to pay into account in setting an amount greater than the mandatory minimum. When the ability to work or the opportunity to work is lacking, earning capacity is absent and application of the standard is inappropriate. When the payor is unwilling to pay and the other two factors are present, the court may apply the earnings capacity standard to deter the shirking of one's family obligations." ( Id. at pp. 1372-1373, ) Because the record in Regnery demonstrated that the father had deliberately avoided his support obligations, the appellate court affirmed the trial court's application of the earnings capacity standard rather than the father's actual earnings. ( Id. at p. 1376.)