Your former husband would have to prove that you voluntarily quit your job, or reduced your hours in bad faith in order to obtain more child support before a court will impute income to you. It doesn’t sound like he’s going to be able to prove that very easily. It actually sounds like he just doesn’t want to pay more.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax NCdivorce.com
email: sstanback@rosen.com
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.
I’m divorced mom w/ 2 kids 5 & 8 (divorce final 4 years ago). I am remarried to a wonderful husband. I have worked through my kids entire lives thus far and now with the ever increasing presure of school activities, homework, doctors apts. and dealing with my son’s ADHD - I would like to quit my job and look for something PT so my kids don’t have to go to daycare. This is supported by my new husband and is %100 about the kids. My husband makes enough that I could do this but would still need some child support. My ex has been supportive, even stated in emails & in person that he agreed this would be good for them and that he won’t try to “screw” me if I did this.
Well now he’s gone to some attorney who told him if I voluntarily quit that my current salary will be used to figure my CS! I could never get a job making what I do now (this is substantially more than I’ve made at past jobs - I’ve been here 2 years). So now he’s being HORRIBLE and wants to pay the least amount possible. I am soooo depressed. I want to do this for the health, wellbeing and hapiness of our family. We are contantly running around stressed out and tired (as I’m sure any dual working family knows). Why am I going to be penalized for doing something to benefit the children? Is he correct that the court will use my former income? And what if I get a PT job, will they still use my former income? For how long will they use this to calculate CS? And in essence I’m become the “daycare” why isn’t that worth anything? I don’t want MORE CS, just not a huge drop. Does anyhow have experience or can offer advise? [:(]