Do courts deviate from guidelines usually?


#1

I was told by DSS that courts generally do not deviate from NC Child Support Guidelines. I have an exhusband that hasn’t worked for 10 years. Will work under the table rather than get tax paying job. Due to this, he has “no income”. So I receive 50 a month for 2 children, ages 9 and 10. I was just wondering if courts will actually deviate from the NC Child Support guidelines like they say they can.

(3) Potential or Imputed Income. If the court finds that a parent’s voluntary unemployment or underemployment is the result of the parent’s bad faith or deliberate suppression of income to avoid or minimize his or her child support obligation, child support may be calculated based on the parent’s potential, rather than actual, income. Potential income may not be imputed to a parent who is physically or mentally incapacitated or is caring for a child who is under the age of three years and for whom child support is being determined.

The amount of potential income imputed to a parent must be based on the parent’s employment potential and probable earnings level based on the parent’s recent work history, occupational qualifications and prevailing job opportunities and earning levels in the community. If the parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a 40-hour work week.


#2

Courts can deviate from the Child Support Guidelines when there is a need, but this does not happen very often. This is because the Guidelines are presumed to provide adequate support to meet the reasonable needs of a child.

Your situation seems to be less of a deviation issue and maybe more of a bad faith and imputed income issue. Income can be imputed to your ex-husband if you can prove he is voluntarily unemployed or underemployed because of bad faith.