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
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.