What to Do if Your Ex-Spouse is Underreporting Income to Lower Child Support
When it comes to raising children after a divorce, fair and accurate child support payments are vital. These funds help cover everyday costs like food, school supplies, housing, and clothes. But when an ex-spouse tries to avoid paying their fair share by underreporting income, it creates both financial strain and emotional stress.
It's frustrating to know your child isn’t getting the support they need just because the other parent is being dishonest. At Toy Law Office LLC, we’ve been serving families, residents, and students across Athens, Ohio, and the rest of the state since 1993. As your trusted family law attorney, we’re here to walk you through the process of dealing with underreporting income child support issues and help you take steps to protect your children’s future.
How Some Parents Underreport Their Income
Before taking action, it helps to understand how underreporting income child support happens. Some people go to great lengths to make their income look smaller than it really is. Here are a few common ways this happens:
Working under the table: Some parents might take cash jobs or get paid off the books so their income doesn’t show up in tax records.
Hiding business income: Self-employed individuals may delay payments, hide invoices, or overstate business expenses to make their income look lower.
Delaying raises or bonuses: A parent might ask their boss to delay a bonus or raise until after a child support hearing.
Reporting less overtime or tips: In jobs that involve tips or overtime, underreporting is easier but just as serious.
These tactics may feel sneaky, but they're also unfair to the child who depends on that support. That’s why we need to take it seriously.
Warning Signs to Watch For
You might not see everything your ex does with their money, but there are red flags that could suggest they’re underreporting income:
Lifestyle doesn’t match claimed income: If your ex claims to earn very little but drives a new car, takes frequent vacations, or lives in a luxury home, it may be worth investigating.
Sudden drop in reported income: If they suddenly report a big drop in earnings after a child support case starts, that’s suspicious.
Frequent job changes: Switching jobs often or always working for cash businesses can also be a sign.
These clues aren’t proof, but they’re a reason to dig deeper. And we can help you gather the information you need.
What You Can Do About It
It can feel overwhelming if you suspect your ex is being dishonest. But you’re not powerless. Here are some things you can do to start taking action:
Keep Good Records
Gather any documents that might help prove your case. Bank statements, social media posts, and photos can sometimes reveal a lifestyle that doesn’t match reported income.
Request a Formal Review
In Ohio, you can ask the Child Support Enforcement Agency (CSEA) to review your case every 36 months or sooner if there’s a major change. If you believe your ex is underreporting income, explain your concerns during the review.
Ask the Court for Discovery
During a court case, your Ohio child support lawyer can request records from your ex. This might include tax returns, pay stubs, and business documents.
Hire a Forensic Accountant
In some cases, a financial expert can look at tax records and spending habits to uncover hidden income. This can be especially useful if your ex is self-employed.
File a Motion to Modify Support
If you uncover evidence of underreporting, you can ask the court to increase child support. A judge will consider all the facts, including hidden income, when deciding whether to adjust payments.
Each step requires the right evidence and legal approach. That’s where having the right lawyer comes in.
Why It’s Important to Act
Letting underreporting income child support slide can hurt your child over time. Less support means fewer resources for daily needs, school, and even healthcare. But there’s more at stake than just money.
Taking action shows your child that their needs matter and that honesty counts. It also helps create a level playing field where both parents carry their share of responsibility. And when the courts see that someone’s being dishonest, they take that seriously.
How We Help Families Like Yours
At Toy Law Office LLC, we’ve helped Ohio parents face these challenges head-on. Attorney K. Robert Toy has tried over 700 contested divorce and custody cases. We know how to find the right evidence and build a strong case for your child’s needs.
Whether it’s filing motions, reviewing financial documents, or representing you in court, we’re with you every step of the way. As an Ohio family law attorney with decades of experience, Bob Toy is here to help you hold your ex accountable and make sure your child gets the support they deserve.
FAQs
Figuring out child support when your ex is hiding income can be stressful and confusing. Whether they’re working under the table or just not being honest about what they make, it often feels like you're stuck trying to prove something you already know. The good news is, you do have options. Courts take these situations seriously, and there are ways to uncover the truth and get a fair outcome.
What if my ex is paid in cash?
It’s harder to track, but not impossible. We can use lifestyle evidence, bank records, or witness statements to show what they’re really earning. It may take some digging, but the court can consider indirect evidence when making support decisions.
Can I report my ex to the IRS?
Yes. If your ex is lying on their taxes, that’s illegal. You can file a report with the IRS, though it won’t directly change child support. Still, it can add pressure. If the IRS investigates, the findings can support your case in family court.
How long does a modification take?
It depends on the court’s schedule and the complications of the case. It may take a few months, but we’ll help you through every step. The more organized your evidence is, the smoother the process can go.
Do I need proof before taking action?
You don’t need hard proof to get started, but the more evidence you have, the better. We can help you figure out what’s useful. Even small things like text messages or receipts can add up to a strong case.
What happens if the court agrees that my ex underreported income?
If the court finds that your ex lied, they may increase child support. In some cases, there could even be penalties or back payments owed. The judge might also order a review of past payments to correct any unfair gaps.
Speak to Our Family Law Attorney Today
If your ex is underreporting income to avoid child support, we’re ready to help you take the next step. At Toy Law Office LLC, we serve clients in Athens County, Gallia County, Meigs County, Morgan County, Perry County, Vinton County, Washington County, and Jackson County. Contact us today.
At our firm, you and your family always come first. We understand that legal challenges can be daunting, and that's why we're here to guide you every step of the way, providing you with the support and assurance you need during trying times.
