Child support recalculation with voluntary underemployment

North Carolina Divorce Law Divorce and Separation Answers
1

My ex was laid off from her job as a CPA in April. She is taking the kids to Europe this month for vacation and spending about $12,000. She did not try to get another job before her vacation. She has not been actively looking for full-time work.

She is remarrying a fairly wealthy guy. They are moving in together. She has told the kids she is now planning on working only part-time. Knowing her, she will not get a job for months, if at all, because she will give herself time to move. When she gets a job, it will likely not pay well, because she does not like stressful jobs.

I am paying her child support based upon her earning $50K.

  1. If she files a motion for increase in child support because of her income decreasing, how hard is it to get a judge in Orange County to impute income to her? A. She is not pursuing paid work, B. She has enough money for expensive European vacations, C. She refuses to find a well-paying job in her chosen field. I live in Orange County.

  2. It of course galls me that she chooses not to work while I have always worked full-time, she is remarrying a guy she will use financially like she used me, I will continue to have to pay her child support to subsidize her indolent lifestyle, and she just gets away with it. I see nothing I can do besides just get over it. Is there anything I can do?

Thanks, Quixote

2

  1. If she is voluntarily underemployed then you’ll have to argue to the judge to impute that income. You’d have to show there are jobs available she refuses to apply for, or take.

  2. What you can do is argue to impute income-That is really all you can do.