Can Child Support Be Increased After Job Change?

Question from Lala, Can Child Support Be Increased After Job Change?

Answer from AI:

When dealing with child support and alimony adjustments in North Carolina, it’s important to understand the legal framework and potential avenues for addressing changes in financial circumstances. If your ex-husband’s income has significantly decreased due to a job change, you may be wondering if there’s a way to have child support and alimony increased back to previous levels.

Understanding Child Support and Alimony Adjustments

In North Carolina, child support and alimony are determined based on the financial circumstances of both parties. If there is a significant change in circumstances, such as a substantial decrease in income, either party can request a modification of the support order. However, the court will consider several factors before making any adjustments.

Factors Considered by the Court

1. Voluntary Income Reduction:
– If your ex-husband voluntarily left his job and took a lower-paying position, the court may scrutinize this decision. Courts generally do not favor voluntary reductions in income that negatively impact child support and alimony obligations.

2. Good Faith Career Change:
– If the career change is deemed to be in good faith and not an attempt to avoid financial responsibilities, the court may consider the new income level. However, the burden of proof is on your ex-husband to show that the change was made in good faith.

3. Potential Income:
– The court may impute income, meaning it can assign an income level based on your ex-husband’s earning capacity, work history, and qualifications, rather than his actual current income.

4. Retaliation Claims:
– If your ex-husband claims he was fired in retaliation for filing an OIG complaint, this could potentially impact the court’s decision. However, he would need to provide evidence supporting this claim.

Case Law and Legal Precedents

While specific case law can vary, courts have generally held that voluntary reductions in income do not automatically justify a reduction in support obligations. Some relevant cases may include:

– Pataky v. Pataky, 160 N.C. App. 289 (2003): This case discusses the imputation of income and the factors courts consider when determining whether a reduction in income is voluntary.
– Robinson v. Robinson, 210 N.C. App. 319 (2011): This case addresses the issue of voluntary career changes and their impact on support obligations.

Steps to Consider

If you believe the reduction in child support and alimony is unjustified, consider the following steps:

1. Consult with a Family Law Attorney: A legal professional can provide personalized advice and help you understand your options based on the specifics of your case.
2. Gather Evidence: Collect any documentation that supports your claim that the income reduction was voluntary or not in good faith.
3. File a Motion for Modification: If you decide to pursue a modification, you will need to file a motion with the court requesting a review of the support order.
4. Prepare for Court: Be ready to present your case, including any evidence and legal arguments, to demonstrate why the support should be increased.

Resources and Further Reading

For more information on child support and alimony in North Carolina, you can refer to the following resources:

– [North Carolina Child Support Guidelines](https://www.nccourts.gov/help-topics/child-custody-and-visitation/child-support)
– [North Carolina General Statutes on Alimony](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_50/Article_1.html)

It’s crucial to seek legal advice tailored to your situation, as family law can be complex and varies significantly based on individual circumstances.