My wife used to earn $15 per hour before our child was born. She stayed at home for 10 years prior to our separation and divorce which occurred approximately two years ago. She has recently attended school for a new trade and started selling real estate. She has not made any income from either. What income would she be held to for the purpose of calculating a child support obligation? Minimum wage, what she was earning previously or some other amount?
Generally, for child support purposes, a parent’s current income must be used to calculate child support. However, wages can be imputed to a parent if that parent is unemployed or underemployed in bad faith.
In your case, your wife’s income prior to having children will not be considered. As long as the judge finds that she is not underemployed in bad faith, her current wages will likely be used.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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