Nelson v. Nelson’s Empirical Analysis
1996
Citation profile
21
cited by 21 later decisions
2
states following
November 2005
most recently cited
20 state decisions
Relationships
Relies on Heley v. Heley · Spilovoy v. Spilovoy · Schmidkunz v. Schmidkunz · Hecker v. Stark County Social Service Board · Mahoney v. Mahoney
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"3. Except as provided in subsections 4 and 5, monthly gross income based on earning capacity equal to the greatest of subdivisions a through c, less actual gross earnings, must be imputed to an obligor who is unemployed or underemployed. a. An amount equal to one hundred sixty-seven times the hourly federal minimum wage. b. An amount equal to six-tenths of prevailing gross monthly earnings in the community of persons with similar work history and occupational qualifications. c. An amount equal to ninety percent of the obligor's greatest average gross monthly earnings, in any twelve months beginning on or after thirty-six months before commencement of the proceeding before the court, for which reliable evidence is provided." N.D. Admin. Code § 75-02-04.1-07(3).”
6 later decisions quote this exact passage“[a]n obligor is `underemployed' if the obligor's gross income from earnings is significantly less than prevailing amounts earned in the community by persons with similar work history and occupational qualifications.”
2 later decisions quote this exact passage“A parent has a duty to support his children to the best of his abilities, not simply to his inclinations. The underemployment guideline represents the Department’s effort to balance an obligor’s freedom to make reasonable employment decisions with his duty to support his children diligently. An obligor is still free to switch jobs, or become self-employed. However, if that voluntary change results in the obligor becoming “underemployed,” then the obligor who made the change should make a greater sacrifice than his children.”
1 later decision quote this exact passagee.g. Henry v. Henry
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.