4. Monthly gross income based on earning capacity may be imputed in an
amount less than would be imputed under subsection 3 if the obligor
shows:
a. The reasonable cost of child care equals or exceeds seventy
percent of the income which would otherwise be imputed where
the care is for the obligor’s child:
(1) Who is in the physical custody of the obligor;
(2) Who is under the age of fourteen; and
(3) For whom there is no other adult caretaker in the parent’s
home available to meet the child’s needs during absence due
to employment.
b. The obligor suffers from a disability sufficient in severity to
reasonably preclude the obligor from gainful employment that
produces average monthly gross earnings equal to one hundred
sixty-seven times the hourly federal minimum wage.
c. The unusual emotional or physical needs of a minor child of the
obligor require the obligor’s presence in the home for a proportion
of the time so great as to preclude the obligor from gainful
employment that produces average monthly gross earnings equal
to one hundred sixty-seven times the hourly federal minimum
wage.
*******
75-02-04.1-06.1. Determination of support amount in multiple-family
cases.
1. This section must be used to determine the child support amount
presumed to be the correct amount of child support in all cases
involving an obligor who:
a. Owes duties of support payable to two or more obligees; or
b. Owes a duty of support to at least one obligee and also owes a duty
of support to a child living with the obligor who is not also the child
of that obligee.
2. If a court consolidates proceedings involving an obligor and two or
more obligees, the court must determine all obligations that may be
determined in the consolidated proceeding without regard to whom the
initial moving party may be.
3. A hypothetical amount that reflects the cost of supporting children living
with the obligor, as determined under section 75-02-04.1-06, and a
hypothetical amount due to each obligee under this chapter must first
be determined for the children living with the obligor and each obligee,
whether or not the obligee is a party to the proceeding, assuming for
purposes of that determination:
9
a. The obligor has no support obligations except to the obligee in
question;
b. The guidelines amount is not rebutted; and
c. The obligor does not have extended visitation.