Stay at Home Dad and Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

Good Morning,

I have been divorced for roughly 4.5 years and am remarried. My ex-wife is also remarried. We share a beautiful daughter, age 8. We share custody 50/50 currently using a 2,2,3 as our schedule. My ex-wife and I both live in great houses and live comfortable life styles, neither of us go without and my little girl has everything she could possibly want.

I currently pay $322/month in child support because that’s what the worksheet says I need to pay. I have recently made the decision to become a stay at home dad. My wife makes enough money to support our household comfortably and at this time it’s just a better fit for our home. More time withthe kids and so on. I have resigned from my current job and my paychecks will stop in a few weeks.

Is there any way for me to reduce or discontinue the child support payments. My daughter will never go without and she is being supported in both homes. Also, I’m NOT looking for any support from my ex-wife. Also, I’m not becoming a stay at home dad to avoid paying child support, I’m actually giving up a 6 figure salary.

Any direction you can provide would be greatly appreciated, thank you in advance.

Sincerely,
Caring father

2

For the court to impute income, the guidelines require that they must find 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. Only then will child support may be calculated based on the parent’s potential, rather than actual, income.

Despite the guidelines, it has been my experience that judges will use any opportunity to impute income. Your best option is to discuss this with your ex-wife. Will your new arrangement allow for you to care for your daughter after school, alleviating the need for after school care? Does this affect your daughter’s health care costs? How long do you intend to remain out of work? Perhaps she will be understand your plan and will be willing to enter a consent order. If not, it is probably best to consult with an attorney about the likelihood you will succeed in hearing, and the cost/benefit analysis of same.

3

Good Evening,

I have spoken to my ex, as I anticipated, to no evail.

  1. I will be caring for my daughter after school moving forward due to staying home.
  2. I will be able to volunteer at her school now.
  3. My daughter will be able to attend after school activities such as karate on a regular basis now.
  4. Now that I’m not working 60 hours a week, my family can eat at home and not have to go ou because no one is home to cook.
  5. My daughter can have her homework done by a decent hour.
  6. my daughters healthcare is covered under her step moms plan and this won’t change.
  7. My current wife and I have decided to make this a permanent change, her job is with a stable company, good benefits, good retirement benefits, it was best for her to work outside the home and me in the home.

This change will only increase the quality of life. My daughter currently experiences. Her mom has a nice house,nice cars, and doesn’t need my $322 a month to provide that to my daughter.

Do I need to prove good faith or does she need to prove bad faith?

This all seems so backward to me.

Thanks again for any additional direction you can provide.

4

Case law does not specifically assign the burden of proof to either party.