Hinton v. Smith’s Empirical Analysis
1998
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2019 · most notably 973 So. 2d 580 - Roth v. Roth (2008), 901 So. 2d 905 - Woolf v. Woolf (2005)
26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 666 (§ 466 of the Social Security Act of 1935)
Relies on Ritter v. Ritter · 377 So. 2d 761 - Desilets v. Desilets · 585 So. 2d 485 - Cushman v. Cushman · Scapin v. Scapin · 578 So. 2d 497 - Ensley v. Ensley
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such [un]employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child.”
3 later decisions quote this exact passage“(2) Income shall be determined on a monthly basis for the obligor and for the obligee as follows: (a) Gross income shall include, but is not limited to, the following items: * * * (13) Reimbursed expenses or in kind payments to the extent that they reduce living expenses.”
3 later decisions quote this exact passage“`[I]ncome may not be imputed at a level which the former spouse has never earned, absent special circumstances.'”
3 later decisions 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.