Child support when the op is intentionally underemployed
NCP is willfully underemployed. Has college degrees and chooses to live at home with their parents and work a part time minimum wage job instead of seeking full time employment to the extent that their degree allows. NCP reported their income at approximately $1,500 for the YEAR when child support was established.
CP works full time and is well established in their field. Does not rely on familial support, owns a house, and other assets. CP reported income at approximately $85k for the year when child support was established.
So, when the NCP and the CP went to court for custody CP held child support in abeyance to give NCP some time to get settled. NCP moved to another city following the separation, and CP felt that it was in everyone's best interest to give NCP some breathing room during the transition. CP did not pursue child support until three years post divorce. In court the moderator based child support on CP's income and used the absolute minimum for NCP's income. NCP reported income at well below minimum wage, but the state that child support was established in did not allow for less than minimum wage x 30 hours per week. The moderator suggested that CP take it before the judge but CP did not want to make the situation any more contentious that it already was. Child support was established at $120 per month with CP providing insurance and splitting the out of pocket expenses 50/50. Custody is every other weekend and four weeks in the summer.
7 years later NCP still works the same part time job, still does the absolute minimum. NCP does not pay their portion of medical or dental expenses, and often makes demands that CP should provide expensive extras for the child (electronics and that sort of thing). NCP is minimally involved with the child, does not accept parenting responsibilities.
The question: Would it be unkind or unreasonable to take this case back for a reassessment and ask that child support be based on NCP's earning potential? The cost of raising the child increases as the child gets older, and the current child support barely covers travel expenses to get the child back and forth for visitation with the NCP.