Imputed Income for Child Support & Alimony

In North Carolina, there are situations where the court will impute income from a noncustodial parent or higher earning divorced spouse, but this generally only applies to those who are voluntarily unemployed or underemployed. Imputed income is frequently determined based on employment and earning history, but this may also involve information about earning potential person’s community or occupational qualifications.

However, the amount of imputed income a person may be expected to pay for child support or alimony may also need to be determined if there’s no recent work history. In this case, imputed income for child support or alimony is generally calculated based on the applicable minimum wage for a 40-hour workweek.

In North Carolina, you may have an income imputed if you are voluntarily unemployed or underemployed. Still, there are a few situations where the court is unlikely to calculate an imputed income for you. If you want to avoid getting imputed, this is possible in a few cases. This may be important for you to know, as an imputed income might significantly increase the amount you’re required to pay each month.

If you are physically or mentally incapacitated, you’re unlikely to be imputed, for instance. This is most likely to do with your decreased ability to gain employment. Additionally, if you are involuntarily unemployed or underemployed, you may not have a court-imputed income. However, proving you’re involuntarily unemployed or underemployed may be difficult, especially without a qualified lawyer.

There are also more specific instances where a parent or divorced spouse may not have their income imputed. For instance, if you’re a custodial parent of a child who is under three years of age and child support is in the process of being determined, you’re unlikely to receive a court-imputed income. A lawyer experienced in family law may be able to assist you in determining if one of these special cases applies to you.

You may require some assistance from a family lawyer if you want to avoid receiving an imputed income. A qualified family lawyer who is familiar with child support and alimony processes may be able to help.

Legal Knowledge

If you’re presently struggling to pay child support or think you might struggle in the future, a knowledgeable family lawyer may be able to help. Because family law attorneys are more likely to have a strong understanding of the laws surrounding child support and alimony, they may be able to assist you through the legal process and recommend steps for you to take in order to improve your overall financial outcome.

Prove Involuntary Unemployment or Underemployment

If you’re involuntarily unemployed or underemployed, this may be difficult to prove to the court in a hearing or trial. A lawyer may be able to help you compile and analyze evidence in your favor, allowing you to effectively argue a more accurate representation of your economic circumstances.