My child's father and I go to court tomorrow for a modification on the child support order already in place. We both live in NC, our original order is for him to pay $92 per month. The last time we went to court for the order, he quit his job the week before child support court... so they based the support order on him being unemployed (he was not receiving unemployment benefits at that time) This time we are going to court and he receives $325 a week unemployment benefits, but he was also working (on the books may I add) well of course when he found out about court tomorrow, he quit that job last Friday (11/5) The child support worker has been very hard to deal with and pretty much "on his side" she says he has no earned income to base the child support on. My question is, can the child support order be based on the amount he receives weekly from unemployment? I know that unemployment benefits can be garnished for child support, but can the order be based on what he is paid in unemployment. If not, is there a way I can show the judge that he quits his job before each child support court date? I find it very unfair that they can base his order on him making "$0.00" when in fact he draws the $325.00 a week unemployment, is a brick mason who does side jobs, and makes very good money doing that. Im so very frustrated with this

The child support can be based on the amount he receives for unemployment compensation. Alternatively, you can ask the judge to impute an income figure to him and base the child support on that. If you can demonstate that he has marketable skills (such as brick laying) and that he has a history of quitting good, substantial jobs solely for the purpose of evading child support, then that may be your best bet.