If both parents have the child 50/50 but one parent does not work, will their child support calculation be based on zero income? I know in other states, as long as the person is able to work, they base it on a minimum wage income.
Additionally, if the parent who does not work does not have any rent expenses, etc. is that factored in? They are a 4 person household but neither of the adults work. They get free rent because a family member owns the house. Someone must also pay all of their bills because as I said no one in the house is employed. Will a judge look at that when determining support obligations and if so how will that play out?
Lastly, both parents are re-married. Will the spouse’s income come into play at all?
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Just to describe the issue a little further we are about to go to court over custody because the other parent is holding the child (13) from her father. We are afraid that the first thing the judge would want to talk about is support, as we have heard in NC they really push people to be on court ordered support arrangements. We want to know what to expect as far as support payments go. The father was previously paying court ordered support for years but the mother took him off of it about 7 years ago. They instead had an agreement that the father would take care of all expenses (school, medical, etc) because the mother did not do so when she was receiving support.
I am not an attorney, but North Carolina has specific formulas it uses to calculate Child Support. You can find them on this website. They ask for income, nights spent with each parent, etc. As far as imputing income, as I understand it, there is a two part process. First, the court must decide what the parent could reasonably earn. Second, the court would have to make a finding of “bad faith” on the part of the parent. As I understand it, both parts are necessary to impute income for a non-working parent. A judge may however deviate from the guidelines amount at his discretion. Hope that helps a little.
For child support purposes, a parent’s income can be listed as 0 if that parent is unemployed in good faith. The court will impute at least minimum wage if the parent is unemployed in bad faith.
Rent and other household expenses are not factored into the child support worksheet when establishing a child support amount.
A parent’s spouse’s income is not considered in determining child support if the spouse is not a biological or adoptive parent. Only the two parents’ income and circumstances are considered.
To get an idea of what child support could be like in your situation, use our child support calculator.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. Could you give me an idea of the court’s definition of good faith vs. bad faith?
Bad faith is when the parent is purposely not working or is underemployed for the purpose of avoiding a child support obligation or for the purpose of receiving additional funds in child support.
A parent that has a reasonable and acceptable reason for being unemployed would be a good faith reason (i.e. the opposite of bad faith)
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Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.