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.
- 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