My ex husband and I share joint custody of our 7 year old daughter. I am the primary custodian receiving 60% of the custody time. I have been paying my ex husband child support because he is claiming to be making a considerable amount less income then I am. Turns out he is barely working at all and living with his dad. I am a nurse in a doctors office and he has a background in construction, Audio video installation, and architecture. He also claims to have a bachelors degree from NC state. I also have 2 other kids that I am the primary custodian of ages 2 and 3 months. I am taking him back to court to see about a modification to get my support lowered or terminated. If my ex husband worked full time for at least $12 an hour he would end up paying me because I have more custody. He knows this and has even told me he would do whatever he could to make sure I have to pay him child support. He is actually going to ask for the judge to award him more child support. Do I have a good chance of a judge imputing income to him to make the support obligation more fair? I am a 32 year old single mom to 3 kids paying a 40 year man child support who only has the 1 mutual child because he is choosing not to work.
Yes, it is possible that income could be imputed to the father in this case. To impute income, the court must find that the parent is under-employed or unemployed in bad faith. Having the ability to work and the ability to earn an income above what he is currently earning but choosing not to for the purpose of avoiding paying child support and/or for the purpose of receiving child support from you, would be bad faith.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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