Definintion of "Bad faith"


#1

Dear Fighting back:

Greetings. At the risk of sounding mean, please be careful trying to be your own attorney. The issue is not simply bad faith, but should be a deviation from the child support guidelines and imputing income to her.

You can ask the court to impute income to her if you can prove that she voluntarily depressed her income in bad faith. The voluntary depression is the largest part of this test in my opinion.

Remember that in order to deviate from the guidelines you must file your notice to deviate at least 10 days prior to trial. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Hello,

A trial court must make a finding of bad faith before it may impute income to a party. See Mason v. Erwin (2003, NC COA) for explicit examples of bad faith. Keep in mind, however, that voluntary suppression of income


#3

Dear WakeDad:

Greetings. Thanks for the case update. I disagree though with your analysis of the Appellate court only imputing income to the obligor parent. I have personally been involved in a number of cases where the obligee parent is also imputed income - but that is not later reviewed on appeal, which is probably why you are not seeing it. While case law is helpful, a good knowledge of what the district court judges in your area can/will do is also essential to advising clients.

You are correct however that being unemployed is not voluntary depression - the two do not mean exactly the same thing.

Finally, the court order, in limited cases, that the parent update the court weekly on their job searches. I do not know many courts that will impute income where it is not warranted, but I am sure it has happened once or twice. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

My ex quit her job and is moving for more CS.

The attorney representing the state is arguing that she didn’t quit her job in bad faith.

Black’s Law Dictionary and case law suggest differently since her actions violated her duty and obligation in the matter of supporting her children, and because she is attempting to use a technicality of the law to do so.

According to all the legal definitions of “bad faith” that I’ve seen, one does not necessarily have to prove that the offending party acted with malice in order to show that they acted in bad faith.

It seems that the Court retains a great deal of flexibility in the ability to define “bad faith” in terms of neglect and a general spirit of “unfair play.” The loose legal definition of “bad faith” clearly makes it possible for the Court to “know bad faith when it sees it,” so why should I get caught up in thinking you have to prove any malicious intent by the other party?

As a footnote, I’ll also submit into evidence a recent email from my ex in which she calls me obscene names and insults me in several ways. So much for her “good faith” argument.