Philbin v. Philbin

In Philbin v. Philbin (1971) 19 Cal.App.3d 115, the court stated: "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 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 , wilfully refusing to secure or take a job , deliberately not applying himself to his business , intentionally depressing his income to an artificial low , or intentionally leaving his employment to go into another business ."