Shaver v. Kopp’s Empirical Analysis

Citation profile

21 state decisions

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “8. Calculations made under this chapter are ordinarily based upon recent past circumstances because past circumstances are typically a reliable indicator of future circumstances, particularly circumstances concerning income. If circumstances that materially affect the child support obligation are very likely to change in the near future, consideration may be given to the likely future circumstances.”

   2 later decisions quote this exact passage
   e.g. Mahoney v. Mahoney · Longtine v. Yeado

2. “5. "Gross income" means income from any source, in any form, but does not mean benefits received from means tested public assistance programs such as aid to families with dependent children, supplemental security income, and food stamps. Gross income includes salaries, wages, overtime wages, commissions, bonuses, deferred income, dividends, severance pay, pensions, interest, trust income, annuities income, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, retirement benefits, veterans' benefits (including gratuitous benefits), gifts and prizes to the extent each exceeds one thousand dollars in value, spousal support payments received, cash value of in-kind income received on a regular basis, children's benefits, income imputed based upon earning capacity, military subsistence payments, and net income from self-employment.”

   1 later decision quote this exact passage
   e.g. Lawrence v. Delkamp

3. “Seven commentors expressed a view that the Internal Revenue Service net income should be used to establish child support net income. No change based upon these comments is recommended. The IRS net income reflects policies which have been determined appropriate for taxing purposes. In some cases, usually where the income will be deferred and reported in a later fiscal period, the Internal Revenue Service policies call for waiting for the eventual report of that income. Children cannot wait for support, and obligors should not be allowed the option of deferring income until the child reaches adulthood and no support obligation remains.”

   1 later decision quote this exact passage
   e.g. Longtine v. Yeado