In a recent unpublished opinion of a North Carolina child support decision, a court considered a child support order involving a mother who was voluntarily unemployed. The father had appealed from the lower court’s child support order claiming that the lower court had made a mistake in concluding as a matter of law that only the defendant father owed the obligation to give support to the couple’s minor children and by failing to impute income to the mother who was voluntarily unemployed.
The couple had married in 2003 and divorced in 2015, after having two kids. They had equal physical custody. The mother had more income than the father did, but she didn’t pay support to the father. However, she remarried and got pregnant with another child. She’d been working full time as a registered nurse throughout her pregnancy in 2015, but after her daughter was born in 2015, she got a new job as a registered nurse and worked three shifts each week. When she became pregnant with twins, the pregnancy was considered high-risk and she stopped working. The babies were born five weeks premature and she didn’t go back to work as a nurse.
The county Child Support Enforcement Agency brought an action on behalf of the mother asking for child support from the father. The lower court deviated from the state child support guidelines and ordered the father to pay child support each month and provide health insurance coverage for the former couple’s two kids. He also had to pay arrears. The lower court found the mother had no income and no support obligation. It didn’t find the mother had acted in bad faith.