In Re Marriage of Graham

While Katherine and Jeffrey Graham were married, Jeffrey enrolled in and nearly completed law school. During the marital dissolution proceedings, Katherine requested reimbursement to the community for funds spent on Jeffrey’s legal education. In addition, she sought to have child support determined based on her claimed gross monthly income of $3,125. The court denied Katherine’s request for reimbursement and determined her gross monthly income to be $5,618.08.

Katherine appeals. We agree with the trial court that whether Jeffrey’s eventual graduation from law school might have the effect of substantially enhancing his earning capacity is speculative, making reimbursement for education costs unavailable. In addition, we hold that the trial court did not abuse its discretion in imputing income to Katherine based on a 36-hour workweek, paid at a per diem rate. However, we also hold that the trial court did abuse its discretion in applying an excessive hourly rate to the last four hours of each work shift. Affirmed in part, reversed in part, and remanded with directions.

I

Facts

Katherine and Jeffrey were married in 1992. They had two children during the course of their…