Can a full time student pay child support?


#1

[color=#BF0040][b]I am a single mom working to take care of my 3 year old. Her father, since the breakup, has sworn to not work, to avoid paying child support. his attorney is telling me that because he is now a full time student(only as of a month ago) NC law states students can only pay up to 50.00 a month, due to the fact he has no income.

Is there any truth to this?
If so, does he not HAVE to find a job after a certain amount of time?
If so, how long, and what does the court generally base this decision on?

50.00 is not even enough to pay for 3 days worth of childcare, let alone an entire month, what am I to do?[/b][/color]


#2

When a party does not work and has no income the case is a self support reserve case. Obligors with an adjusted gross income of $950.00 the guidelines require, absent a deviation, the establishment of a minimum support order of $50.00.

If the court finds after you have presented sufficient evidence, that the father is intentionally and in bad faith depressing his income, the court may impute income to him based on his earning capacity. If he is a full time student the court will not force him to get a job at this time.