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Shirking or Just Hard Times?

By Mary Cushing Doherty and Margaret Wrenn Hickey
November 29, 2010

Various courts across the country have wrestled with the issue of earning capacity in child support cases. In bleak economic times, the ability to recover from unemployment or to improve one's underemployment is often hampered by factors beyond the parent's control. In a bad economy, a range of recent decisions can be cited successfully to overcome the opposing argument that an earning capacity in excess of current income should be attributed to a parent.

What Is 'Shirking'?

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