josfamilylaw
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- Nov 24, 2025
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One of the most frustrating and common problems in a child support case is knowing your co-parent earns more than they are claiming. They may be paid in cash, have a side business, or be intentionally unemployed to avoid their financial responsibility. When this happens, a "guideline" calculation is useless because it is based on false numbers. This is not a problem you can solve on your own. You need an experienced child support attorney in Orange County who has the legal tools to uncover the truth. At JOS FAMILY LAW, we are skilled in handling complex financial discovery to protect our clients.
The first concept to understand is "imputing income." A judge at the Lamoreaux Justice Center cannot force someone to work, but they can order them to pay child support based on what they should be earning. This is called "imputing income." To do this, your attorney must prove two things: that the other parent has the ability to work (based on their skills, education, and experience) and the opportunity to work (that there are jobs available). This often requires hiring a "vocational expert" to analyze the job market and provide a report to the judge.
But what if your ex is working, just "off the books"? This is where your lawyer becomes a financial detective. They have legal tools called "discovery" that you do not.
Subpoenas: Your attorney can issue legally binding subpoenas to banks, employers, and financial institutions. They can get bank records that show cash deposits, Venmo transactions, and other evidence of a lifestyle that does not match their "unemployed" status.
Depositions: Your lawyer can require your ex to sit down and answer questions under oath in a "deposition." Lying under oath has severe legal penalties.
Forensic Accountants: In complex cases, especially those involving a business, your attorney can hire a "forensic accountant." This is a "financial CSI" who can analyze business books, bank records, and tax returns to find hidden income, personal expenses being run through the business, and other common tactics used to reduce "on-the-books" income.
Many parents in this situation feel helpless. They see their ex posting pictures of a lifestyle they are not claiming in court. You are not helpless. Your attorney's job is to gather this evidence—your ex's social media posts, your own testimony about their cash spending—and use it as a "road map" for their formal investigation.
If your ex is paid in cash, your lawyer can look at their bank statements. Do their claimed "zero" earnings somehow support a $1,500 monthly car payment? A judge can see this. If your ex is a server who claims they make "no tips," your lawyer can subpoena their employer's records.
Do not accept a child support order based on a lie. You and your child have a right to a fair calculation based on the truth. The only way to get that truth is to hire a professional who has the power to find it.
If you believe your co-parent is hiding income or is intentionally unemployed, contact the experienced team at JOS FAMILY LAW.
The first concept to understand is "imputing income." A judge at the Lamoreaux Justice Center cannot force someone to work, but they can order them to pay child support based on what they should be earning. This is called "imputing income." To do this, your attorney must prove two things: that the other parent has the ability to work (based on their skills, education, and experience) and the opportunity to work (that there are jobs available). This often requires hiring a "vocational expert" to analyze the job market and provide a report to the judge.
But what if your ex is working, just "off the books"? This is where your lawyer becomes a financial detective. They have legal tools called "discovery" that you do not.
Subpoenas: Your attorney can issue legally binding subpoenas to banks, employers, and financial institutions. They can get bank records that show cash deposits, Venmo transactions, and other evidence of a lifestyle that does not match their "unemployed" status.
Depositions: Your lawyer can require your ex to sit down and answer questions under oath in a "deposition." Lying under oath has severe legal penalties.
Forensic Accountants: In complex cases, especially those involving a business, your attorney can hire a "forensic accountant." This is a "financial CSI" who can analyze business books, bank records, and tax returns to find hidden income, personal expenses being run through the business, and other common tactics used to reduce "on-the-books" income.
Many parents in this situation feel helpless. They see their ex posting pictures of a lifestyle they are not claiming in court. You are not helpless. Your attorney's job is to gather this evidence—your ex's social media posts, your own testimony about their cash spending—and use it as a "road map" for their formal investigation.
If your ex is paid in cash, your lawyer can look at their bank statements. Do their claimed "zero" earnings somehow support a $1,500 monthly car payment? A judge can see this. If your ex is a server who claims they make "no tips," your lawyer can subpoena their employer's records.
Do not accept a child support order based on a lie. You and your child have a right to a fair calculation based on the truth. The only way to get that truth is to hire a professional who has the power to find it.
If you believe your co-parent is hiding income or is intentionally unemployed, contact the experienced team at JOS FAMILY LAW.
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