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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In North Carolina, the court has the authority to order a parent to pay child support that exceeds the amount calculated under the state's child support guidelines if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, perhaps to avoid higher child support payments, the court can base the child support obligation on the parent's potential income rather than their actual income. The court will consider factors such as the parent's employment history, education, skills, and local job opportunities to estimate their earning potential. This is to ensure that the child receives an appropriate level of support reflective of the parent's ability to contribute financially.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

North-Carolina State Code

North-Carolina State Code

Child support

unemployment/underemployment

Articles