[statechamp171]

Facts:
1) state North Carolina
2) responsible parent paying child support has been unemployed because of layoffs/downsizing, in other words not fired.
3) been drawing unemployment for 1 year, been actively looking for comparable job
4) unemployment about to expire
5) went to court and had CS modified since becoming unemployed (about a year ago), mutually agreed upon by both parents and judge.
6) CS papers state that she has to "maintain medical insurance through her employer"
7) We are currently married and going to have a baby in Oct. and she is not going to reenter the employment field because we can make it work on my salary, additionally with the cost of child care, even if she did become reemployed she wouldn't be making much over what child care costs

My questions are as follows:

a) When we file for a modifcation, our state has worsheets based on the amount of custody you have of the children (sole custody, split custody, no custody) what do we claim as her monthly income if she is unemployed because of the above scenerio? Can we claim $0 or will we have to use what she is capable of making or something else?

b) If the CS papers say she is responsible for maintaining the medical insurance through her employer and she is unemployed is she responsible for maintaining seperatly?

c) is there a minimum amount that can be required by law

d) someone told us that they would factor in your income as a full time minimum wage employed person as the minimum requirement. Is that correct?

e) Not a question but additional info. I don't mind paying the insurance on the children (I am the step father) but I don't think I should have to pay for supporting the children which are not biologically mine because my wife cannot find employment. I am supporting them when they are with us, along with my 2 biological children. A total of 5 children and 1 on the way - all on a one income teacher's salary! We live paycheck to paycheck with her unemployement and when that runs out Im not sure what is going to happen if we have to maintain that level of child support only on my income.

I would involve a lawyer but as you can tell that's not exactly in the budget. I think my wife and her ex can come to an agreement but we want to know what we should ask for and compromise on. Any help is appreciated and I know its just advice.

[AK lawyer]

a)... what do we claim as her monthly income if she is unemployed because of the above scenerio? Can we claim $0 or will we have to use what she is capable of making or something else?

By rights, she should pay based upon what she is capable of making. But I believe the worksheets are asking for her actual income.

b) If the CS papers say she is responsible for maintaining the medical insurance through her employer and she is unemployed is she responsible for maintaining seperatly?

Probably not.

c) is there a minimum amount that can be required by law

In most states, yes.

d) someone told us that they would factor in your income as a full time minimum wage employed person as the minimum requirement. Is that correct?
Depends on the law for your particular state. A good argument can be made that this is irrational unless it can be proven that everyone can get a full-time minimum wage job.

e) Not a question but additional info. I don't mind paying the insurance on the children (I am the step father) but I don't think I should have to pay for supporting the children which are not biologically mine because my wife cannot find employment. I am supporting them when they are with us, along with my 2 biological children. A total of 5 children and 1 on the way - all on a one income teacher's salary! We live paycheck to paycheck with her unemployement and when that runs out Im not sure what is going to happen if we have to maintain that level of child support only on my income.

You are saying you don't mind paying but don't think you should have to? Correct. It's her obligation, not yours. On the other hand, the two of you don't have the liberty to decide she just won't work. She has an obligation to support her children.

[Fr_Chuck]

You claim what she is earning when you fill the paper work out, if it will soon be higher or lower that is noted normally in an a addition to the paper work.

If she is not employed to provide insurance, she will have to purchase individual insurance on the child.

Yes most states have a min child support that will be due, some just have a set min ( like 45 dollars or some figure) other states use min wage at 30 hours a week, and then a percent of that..
So you will be ordered what it is.

So you don't have to pay, just let her work and pay the obligation. You are agreeing to pay her bills when you marry and esp when you chose for her not to work.

[statechamp171]

That last comment I stated might be misinterpreted. I agree to pay all of our financial obligations together especially if we choose for her to not work. I would do anything for the kids! What is fair if she CAN'T find employment and what is fair if she CHOOSES to not find employment? The worksheets ask for actual montly income.

[cdad]

That last comment I stated might be misinterpreted. I agree to pay all of our financial obligations together especially if we choose for her to not work. I would do anything for the kids! What is fair if she CAN'T find employment and what is fair if she CHOOSES to not find employment? The worksheets ask for actual montly income.

As far as the here and now. If she is actively seeking employment then it should be reduced to that which reflects unemployment. If she chooses not to work then it should be increased to the level that she was making before she imagined she wouldn't be working anymore. That's fair.

[GV70]

a) When we file for a modifcation, our state has worsheets based on the amount of custody you have of the children (sole custody, split custody, no custody) what do we claim as her monthly income if she is unemployed because of the above scenerio? Can we claim $0 or will we have to use what she is capable of making or something else? .

Probably SHE may claim $ 0 but according to NCCSG “The guidelines are intended to provide adequate awards of child support that are equitable to the child and both of the child's parents.

b) If the CS papers say she is responsible for maintaining the medical insurance through her employer and she is unemployed is she responsible for maintaining seperatly? .

Probably yes.

c) is there a minimum amount that can be required by law.

Yes –the minimum ordered child support cannot be less than $50

d) someone told us that they would factor in your income as a full time minimum wage employed person as the minimum requirement. Is that correct? .

Yes,it is correct.
Potential or Imputed Income.
Child support may be calculated based on the parent's potential, rather than actual, income.
The amount of potential income imputed to a parent must be based on the parent's employment potential and probable earnings level based on the parent's recent work history, occupational qualifications and prevailing job opportunities and earning levels in the community. If the parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a 40-hour work week.

[GV70]

What is fair if she CAN'T find employment and what is fair if she CHOOSES to not find employment?

Huh... who said fair?. and who said"Legal means fair"?

[statechamp171]

Potential or Imputed Income. If the court finds that the parent's voluntary unemployment or underemployment is the result of a parent's bad faith or deliberate suppression of income to avoid or minimize his or her child support obligation, child support may be calculated based on the parent's potential, rather than actual, income. Potential income may not be imputed to a parent who is physically or mentally incapacitated or is caring for a child who is under the age of three years and for whom child support is being determined.

The amount of potential income imputed to a parent must be based on the parent's employment potential and probable earnings level based on the parent's recent work history, occupational qualifications and prevailing job opportunities and earning levels in the community. If the parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a 40-hour work week.

This is a direct quote from the NC CSEA. If she is currentley seeking employment but has been unable to find employment that doesn't seem that it would be voluntary unemployment or underemployment is the result of a parent's bad faith or deliberate suppression of income to avoid or minimize his or her child support obligation,

So would it be based on the $50 minimum because her income is less than the poverty level?