Miller v. Miller’s Empirical Analysis
2005
Citation profile
10
cited by 10 later decisions
1
states following
June 2017
most recently cited
10 state decisions
Relationships
Relies on Klein v. Klein · Cliche v. Cliche · Stickney v. Stickney · Gayet v. Gayet · 110 Wis. 2d 188 - Van Gorder v. Van Gorder
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a trial court may properly consider the earnings of a new spouse to determine 'the ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance,' " so long as the court does not impute the new spouse's salary to the obligor. Id . (quoting 15 V.S.A. § 752(b)(6) ). ¶ 35. The same is true in this case. Here, as in Mayville , husband sought to modify his maintenance obligation on the basis that his unexpected loss of employment constituted a real, substantial, and unanticipated change in his financial situation. Like in Mayville , the surrounding circumstances include husband's remarriage and the impact remarriage had on his financial circumstances. Thus, we agree with husband that it would have been improper for the trial court to "impute the current wife's salary to husband or require the current wife to pay part of her husband's maintenance obligations.”
1 later decision quote this exact passage“On motion of either party and due notice, and upon a showing of a real, substantial, and unanticipated change of circumstances, the court may from time to time annul, vary or modify a judgment relative to maintenance ....”
1 later decision quote this exact passage · from the dissent“sharing of household expenses may produce some measure of financial improvement because some of those expenses are not directly proportional to the number of household occupants”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.