Child support based on income


#1

My husband and I are divorcing. it had been an amicable split but he had not helped financially for the last 10 months. He has starting helping a little but now is taking a job for 10k less than what he had been making which his previous job was at least 10k less than what he has the potential to make. how do i fight for him to give me what he should toward the care of our child if he is taking a job that will put him below the poverty level? Am I %$#@ out of luck??


#2

If the terms of your separation and divorce have been amicable but for the child support provisions, you may want to consider involving Child Support Enforcement to help you get a fair child support order and to have help in enforcing that order.

North Carolina uses both parents’ gross income (before taxes) to determine monthly child support payments. Actual gross income is used, meaning the money that a parent actually made in the last several months, as reflected on paystubs or a W-2 for instance.

The Court can impute income to your husband if the Court finds that he has acted in bad faith by taking a job that pays less than his potential (bad faith would be, for example, a person taking a job paying less so he/she could deliberately suppress his/her income and not have to pay as much child support).