Child support when parent claims no income

Hi. I used this forum when going through my divorce and it was so helpful.
My exhusband was forgiven of child support for two years in exchange for my being able to hold on to my 401k.
Well. The two years are up and I’d like to file.
Some info:

  • I have primary custody of our son. He sees our son one night a week (not an overnight) and every other weekend.
  • My ex has just filed for dual bankruptcy. Personal and business. He owned a local business (coffee shop) for about three years.
  • During that time he told me he did not make any profit. He also did not file taxes THAT I KNOW OF. I do know he’s in trouble with the IRS.
  • Since the folding of his business in February of this year he has been freelancing as a graphic designer. He told me he has no income because he’s had to pay off debt.

Under section 3 of the NC Child Support Guidelines - Potential or Imputed Income - it states that I could possibly receive support equal to that of minimum wage if he is not physically or mentally handicapped and is able bodied to work. Which he is.
How do I go about pursuing this option?

If you read this I am SO grateful for any help or advice you can supply. Thanks so much in advance.
Best Regards - K

A court can impute a parent’s income if that parent is underemployed or unemployed as a result of bad faith. If your separation agreement or court order does not address how to initiate child support payments at the end of the two years, then you can file a child support action against your ex-husband or you can meet with your county’s child support enforcement agency and they can initiate the child support action for you.

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 Anna! I didn’t even know a “child support enforcement agency” existed!