Indiana appeals court upholds earning capacity ruling for radiologist in divorce case
The court ruled that a doctor's earning capacity should be calculated at $8,811 a week despite her reduced working hours.
An Indiana appeals court on Thursday upheld a decision to calculate the weekly earning capacity of radiologist Aiza Ashraf at $8,811, despite her reporting a lower income of $6,677. According to a report by the Times of India, the court found sufficient evidence to conclude that Ashraf was capable of full-time employment.
Ashraf, who works for Indiana University, had reduced her workload to three-quarters of a full-time schedule in January 2025 to care for her newborn daughter. She argued that her reported income was more accurate, but her former husband, Mohsin Mukhtar, contended she could achieve his same base salary by returning to full-time work.
The court noted that under Indiana child support rules, judges can consider potential earnings if a parent voluntarily works fewer hours than their qualifications allow. The judges observed that Ashraf had previously earned the same base salary as Mukhtar and acknowledged she could work more hours if she chose.
The ruling also maintained a lower court order allowing Mukhtar to spend three nights a week with their daughter. While Ashraf had previously sought to delay overnight stays until the child was two years old to continue breastfeeding, the appeals court supported the current arrangement.
The judges stated the lower court considered the family's specific circumstances, including Mukhtar's involvement in childcare and his completion of parenting courses, when deciding on the parenting time.