May 2018 | No COA17-468 (N.C. Ct. App. 2018)

Madigan v. Madigan (North Carolina 2018)

Income for child support purposes is normally based on a parent’s actual income but it can be imputed to a parent if the evidence shows the parent isn’t earning up to his or her earning potential. The mother appealed the trial court’s determination of her income arguing that the trial court improperly imputed income to her. The appellate court found that the trial court figured the child support amount using the mother’s actual income and referenced imputed income only as an alternative basis. The mother didn’t appeal the amount of income, just the concept that income was imputed to her. The appellate court found ample evidence to support the amount of actual income.

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