Is There a Spousal Maintenance Double Standard? ("Evolving Family Law")

Moss & Barnett attorneys Jana Deach and Jim Vedder continue their discussion of spousal maintenance and when a court can order the imputation of income. Does the court treat spousal maintenance payors and spousal maintenance recipients the same when determining how and when it can impute income? The recent leading case relating to spousal maintenance payors is Melius v. Melius, 765 N.W.2d 411 (Minn. Ct. App. 2009). What are the requirements that must be found by the court before it can impute income to a spousal maintenance payor? Have the courts created a double standard?

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