Cynthia M. Kanka v. Christopher Kanka
Case Details
- Judge(s)
- Judge W. Neal McBrayer
- Status
- Published
- Procedural Posture
- Appeal of divorce judgment and tort damages award
Related Laws
No specific laws identified for this ruling.
Outcome
The appellate court affirmed the trial court's divorce judgment, child support determination based on earning capacity, alimony awards, and property division, but vacated the compensatory damages award for the child's pain and suffering.
Excerpt
This appeal arises from a judgment of divorce and an award of damages in tort. The trial court awarded the wife an absolute divorce and full custody of their minor child. After determining that the husband was willfully and voluntarily underemployed, the court set child support based on his earning capacity rather than his actual gross income. Then, the court classified, valued, and divided the marital property and awarded the wife both alimony in futuro and alimony in solido. The court also granted the wife a judgment for compensatory damages on her tort claim. On appeal, the husband challenges the court's determination that he is willfully and voluntarily underemployed, the valuation of the marital residence, the alimony awards, and the award of damages in tort. After careful review, we vacate the court's award of damages to the wife for her child's pain and suffering. In all other respects, we affirm.
What This Ruling Means
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