You may not have been the spouse who primarily handled your finances during your marriage. But even so, you may not be completely oblivious to the amount of earnings both you and your spouse contributed to your household. So you must not ignore your gut if it is telling you that your soon-to-be former spouse is disclosing an inaccurate earned income during your divorce proceedings. Besides your alimony, you may be more concerned that your child will not get the financial support they require to maintain their lifestyle and ensure their needs are continually met. Without further ado, please continue reading to learn how to respond if you believe your ex hides their income sources to reduce their potential child support obligation and how an experienced Bergen County child support attorney at McNerney & McAuliffe can help you seek justice in this matter.
What if my ex hides income to reduce their child support obligation?
Sadly, based on actions and behavioral patterns your ex displayed during your marriage, you may not put it past them that they are hiding part of their income to hopefully reduce their court-ordered child support obligation. If so, you should file a motion for discovery with the New Jersey family court. And if this motion is granted, you may request financial information and documents from your ex (i.e., bank statements, tax returns, business records, etc).
You may even take a step further and hire a forensic accountant to your legal team, who may analyze these records and identify anything inconsistent or that failed to appear in your ex’s original disclosure. They may also work on your behalf to reach out to third parties, such as their employer and clients, to confirm their income and earnings.
If you still find that your ex’s income does not make much sense, you may make a strong argument with the court regarding their lifestyle indicators. That is, you may point out the luxurious vacations they take, the high-end personal items they purchase, and more that do not align with their disclosed income. With this, the court may decide to impose an imputed income, which means they essentially assign your ex a net worth based on their lifestyle, potential earnings, and suspected income.
What are the potential consequences of hiding total income?
Your ex will not get away with a simple reprimand or “slap on the wrist,” so to speak, if the New Jersey family court concludes that they have been underreporting their income. Instead, they may hold them in contempt of court. This may require them to pay for your legal fees incurred in your divorce proceedings, along with other potential fines. In a worst-case scenario, they may be charged with fraud and face other criminal consequences.
Of note, say this discovery happens post-divorce when you file a motion for a post-judgment modification. Well, the court may then order your ex to pay retroactive child support payments to compensate for their period of underpayment. With this, they may seize your ex’s bank accounts, real estate property, and other valuable assets to ensure these retroactive payments are satisfied.
If you are ready to make matters right for both you and your child, please retain the services of a skilled Bergen County family law attorney as soon as you can. We at McNerney & McAuliffe look forward to receiving your outreach.