Yes, he can insist on imputing income to you if he can prove that you are voluntarily depressing your income in bad faith.
Your argument would have no merit for a child support hearing. Your argument would have merit for an alimony hearing.
No, he is not required to disclose changes in income unless there is a court proceeding in place or your agreement says so. You did not mention what type of hearing you have pending, so I am assuming it is child support. No, it is unlikely that he would have to pay past support for old pay raises.
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
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.
During my 14 year marriage, I only worked full-time for the first two years teaching school. After that, I worked for my husband on a part-time basis, and was able to come and go from the office as necessary to do things with our kids once we had them.
We are now divorced for over four years. He pays $1000 in CS for our 15 year old and our 11 year old. He has inherited a sizeable amount of income (excess of a million), and has remarried and has a two year old son. His support is above what the NC guidelines are, as he owns his own business, intentionally suppresses his income for tax purposes, and uses the sub-Chapter S rules to write off a lot of his living expenses. He is also going to have his second National Guard promotion within the past four years.
I do not want to work full-time, as I never did during the time we had children, as we believed that it was important for me to be there for their activities and for after school care. I am now tutoring from my home in the afternoons, but do not make over $500 a month.
Can he insist (and would a judge agreet) that I impute income at 40 hours @ minimum wage, or even a salary of that of a beginning teacher? (My certification has expired, and would require two semesters of college to re-instate, as well as travel time of over an hour to the closest university.)
Or can I successfully argue that I did not work full-time during the time we were parents and married, and should not be penalized for not working full-time now, when the kids need to have at least one parent around them?
Is he required to disclose change in income when it happens? Would he have to pay any past support for the years that he has not told me of pay raises?