Custodial Parent Quit Job


#1

My fiancee is concerned that his child support will increase because the children’s (3) mother quit her job stating she’s going back to school. She has a history of only working a few years at different jobs and then quitting. Will his child support increase?


#2

Child support could increase.

Assuming there is currently a child support order in place, Mom could file a motion to modify child support. The court cannot entertain a motion to modify child support unless the court first finds that there has been a substantial change in circumstances affecting the wellbeing of the minor children. Going back to school could be a substantial change in circumstances justifying a modification (i.e. increase) if Mom has a good/legitimate reason for going back to school. If the court finds that Mom quit her job and is now unemployed in bad faith (keywords are “bad faith”), then her motion to modify child support would be denied and Dad’s obligation would remain unchanged.


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.


#3

Thank you for responding. Can you explain what “quit her job in bad faith means” please.


#4

Being unemployed or underemployed in bad faith for child support purposes is fact-specific and varies from case to case. But generally, a court will find bad faith when a parent is unemployed or underemployed as a means to increase the child support they are receiving or decrease the child support they are paying depending.


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.