Cash v. Cash, 2022-NCCOA-706.
Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as a masonry supervisor. At the hearing, mother’s attorney argued that father had not supplied any updated income information. Father testified that he started a new masonry business and was not seeking any other employment, instead focusing on his business. He testified to his business income and expenses. Mother asked father if he provided any of his business financial information before the hearing, and father testified that he did not. Father then called his former boss to testify that father had been laid off because of salary, and that he was the most recently hired supervisor. Boss also testified that he did not offer father a different position with a reduced salary because Boss knew father and knew that father would not accept the job. The trial court found that father was not credible and acted in bad faith to deliberately suppress his income to avoid the child support obligation. The trial court imputed income to father, and father appeals. Continue reading →