Child Custody and Child Support Appeal Denied

In the case of Moore v. Onafowora, the trial Court granted Mother sole child custody and determined an appropriate amount of child support to be paid to Mother by Father. Father appealed the child support award and the sole child custody determination. With respect to child support, Father contended that the Court erred by imputing income to him for prospective child support based on past years bank account statements. The North Carolina Court of Appeals determined that the trial Court did not actually imput income to Father. Rather, the North Carolina Court of Appeals determined that the trial Court determined Father’s income from all available sources. So, that part of the appeal was denied.

With respect to child custody, Father contended that the trial Court’s award of sole custody to Mother was in error. The North Carolina Court of Appeals affirmed the trial Court’s award of sole child custody to Mother because it was supported by competent evidence. The competent evidence was that Mother had been the primary care taker and financial provider for the child; Father was not fully capable of tending in the child’s medical problems nor prepared to handle an asthma attack; and that Father’s increased involvement with the child appeared to be connected to financial motives. So, this part of Father’s appeal was also denied.

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