Cohn

Appellant Howard E. Cohn (Howard), former husband of respondent Patricia O. Cohn (Patricia), appeals from a judgment after trial which awarded Patricia temporary and permanent child and spousal support. Howard contends the court abused its discretion in imputing income to him based on earning capacity when the evidence showed he had no opportunity to work.

We shall conclude the trial court acted within its discretion in imputing income to Howard, but that the court’s earning capacity figures are not supported by substantial evidence. We will therefore reverse and remand for further proceedings on the issue.

Background

Howard and Patricia married on September 4, 1983, and separated in August of 1994. They had three children: Matthew bom in 1986, Brian bom in 1988, and Regina bom in 1992. During the marriage, Howard worked in various capacities. In 1987, he obtained a job as house counsel for a *926 management company, earning $70,000 per year. At the peak of his career in 1993, he was working as an attorney for a group of related real estate investment companies and was grossing approximately $28,600 per month. Patricia held a degree in mechanical engineering and was…