Greetings. Yes, you must file notice that you request the court to deviate from the guidelines. Then, you will need to hire an employment expert to determine what jobs she is entitled to. Also, you want to ensure that you request job search information from her in discovery. 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
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Secondly, I am curious what information we would need to present in court to impute wages from the EX. Currently she is underemployed in our opinion. She is a degreed individual, but she was a sahm while married, so she hasn’t been in the workforce long. This was by choice on her part as she never sought employment while collecting alimony in spite of the order to become self sufficient in a reasonable amount of time. Her not working is a misleading as she has been EXTREMELY active in volunteering.
Current situation: She works in a retail store as just a regular sales clerk making about $10 an hour (or so she says, we are in the process of discover/request for production hasn’t produced yet after 3 months). She also is part of the boy scout council and is on the baseball board, both of which clearly indicate is is capable of more than her retail job. She also only works part-time as to allow her time to do these other things. She also finds the time to attend all scouting events etc. Before beginning her employment, she spent countless hours at the school volunteering, scout volunteering, church, and any other event the boys were in, which is good but in my mind she does too much because the boys are never allowed to function on their own. That is a side note.
Can you guide me in what evidence we will need to try and impute income? And if we can, do we have to file the motion to deviate from childsupport guidelines prior to entering court?