Cynthia M. Kanka v. Christopher Kanka
This appeal arises from a judgment of divorce and an award of damages in tort. The trial court granted Cynthia Kanka an absolute divorce from Christopher Kanka, full custody of their minor child, and set child support based on Christopher's earning capacity, finding him willfully and voluntarily underemployed. The court also divided marital property and awarded Cynthia alimony in futuro and alimony in solido (attorney's fees). Additionally, the court granted Cynthia a judgment for compensatory damages on her tort claim (assault, battery, and intentional infliction of emotional distress), which included counseling costs and pain and suffering for herself and her daughter. On appeal, Christopher challenged the underemployment determination, marital residence valuation, alimony awards, and the tort damages. The Court of Appeals vacated the award of damages to Cynthia for her child's pain and suffering, but affirmed all other aspects of the trial court's decision.