Introduction: Is Your Ex Hiding Income to Avoid Paying Fairly?
You’ve done everything right—you’ve shown up to court, submitted your financial disclosures, and put your child’s needs first. But something doesn’t add up. Your ex is claiming poverty on paper… while driving a new car and posting vacation pics from the Bahamas. Sound familiar?
If you suspect your ex is lying about their income for child support, you’re not alone—and you’re not powerless. This kind of deception is more common than people realize, especially in cases involving self-employed individuals, cash-based jobs, or complicated business structures. But New Jersey courts don’t take kindly to dishonesty when it comes to a child’s financial well-being.
In this guide, we’ll break down how child support is calculated in NJ, common ways people hide income, what legal steps you can take to uncover the truth, and how to protect your child’s right to fair support.
Table: Imputed Income vs. Actual Income – What Courts Consider (New Jersey)
| Factor | Actual Income | Imputed Income |
| Definition | Documented earnings based on tax returns, pay stubs, etc. | Estimated income the court believes a person should earn |
| Used When | Parent provides accurate, complete financial info | Parent is unemployed, underemployed, or hiding income |
| Evidence Considered | – W-2s – Tax returns – Bank statements | – Employment history – Education level – Local job market data |
| Voluntary Underemployment? | Not applicable | Can trigger imputation if a parent chooses to earn less |
| Standard of Proof | Actual documentation and disclosures | Judge must determine imputation is in child’s best interest |
| Goal of the Court | Ensure fair support based on current income | Prevent manipulation and ensure child’s needs are met |
| Common Situations | Salaried employees, government workers, consistent job holders | Freelancers, business owners, cash workers, job quitters |
| Court Outcome | Support calculated from real reported income | Support calculated from potential or historical earnings |
Notes:
- New Jersey courts apply “good faith” standards—parents must make reasonable efforts to earn income consistent with their capacity.
- Imputed income decisions are often based on a combination of testimony, lifestyle analysis, and expert input.
How Income Impacts Child Support in New Jersey
Child Support Guidelines: Accuracy Matters
In New Jersey, child support is calculated using a structured formula that takes into account:
- Each parent’s gross income
- Number of overnights with the child
- Health insurance costs
- Childcare and other expenses
If your ex underreports income, the child support order will likely be too low, leaving your child with fewer resources than they deserve.
Dishonesty Disrupts Fairness
The courts assume parents are being truthful. If one party hides income, they gain an unfair advantage—not over the other parent, but over the child. And that’s something New Jersey law takes seriously.
📌 Related: How Child Support Is Determined in NJ
Common Ways People Lie About Income
Dishonesty can take many forms. Here are some of the most common tactics used to avoid paying full child support:
- Working for cash “under the table”
- Quitting a high-paying job to take a lower one (called voluntary underemployment)
- Delaying bonuses, commissions, or contract work
- Writing off personal expenses through a business
- Failing to disclose side hustles, gig work, or rental income
- Claiming financial support from family is a loan, not income
Signs Your Ex Might Be Hiding Income
It’s not always easy to prove income manipulation, but there are red flags to watch for:
- Their lifestyle doesn’t match their reported income
- They suddenly become self-employed or “consultants” after filing
- They’re vague about work history or current employment
- They refuse to provide tax returns or bank statements
- They claim business losses but continue living luxuriously
These warning signs can help your attorney determine whether further investigation is warranted.
What You Can Do If You Suspect Income Lies
Step 1: Request Financial Discovery
During a child support or custody proceeding, both parties must provide full financial disclosures. If you believe your ex is hiding income, your attorney can file a motion for discovery to request:
- Tax returns (personal and business)
- Pay stubs or profit/loss statements
- Bank records
- Loan and credit card applications
If they don’t comply, the court can compel disclosure or draw negative inferences.
Step 2: Hire a Forensic Accountant
A forensic accountant can dig deeper into your ex’s financial activities and look for:
- Undisclosed income streams
- Personal expenses run through a business
- Inconsistencies between tax filings and lifestyle
This step is especially helpful in high-net-worth or self-employment cases.
Step 3: Ask the Court to Impute Income
If there’s evidence your ex is voluntarily underemployed or misrepresenting income, the court can “impute income”—meaning, assign an income amount based on their earning capacity, not what they claim to make.
Legal Tools and Standards in New Jersey
Imputed Income in NJ Family Courts
New Jersey courts can impute income when:
- A parent quits a job without a valid reason
- They are intentionally earning less than they could
- There’s evidence of unreported or hidden income
The court will consider:
- Employment history
- Educational background
- Job market availability
- Expert testimony or evidence of earning potential
Good Faith Requirement
Both parents are expected to act in good faith. If your ex is found to be acting in bad faith—lying, hiding, or manipulating the system—the court may:
- Recalculate child support
- Order back payments
- Penalize them for litigation misconduct
The Ziegler Law Group Approach
At Ziegler Law Group, we know how frustrating it is to feel like the system isn’t fair. That’s why we work with clients to:
- Identify signs of income concealment
- Use discovery tools and expert resources to uncover hidden assets
- Present strong evidence in court for income imputation or modification
- Secure retroactive support adjustments when appropriate
We’ve handled countless high-conflict and high-asset family law cases where the truth wasn’t obvious—but with the right legal tools, we uncovered it.
📌 Why Choose Ziegler Law Group?
Client Testimonial
“My ex claimed he was unemployed after our divorce, but Ziegler’s team found he was getting paid under the table through a side business. Not only did we get the child support order changed, but the judge ordered retroactive support. I’m so grateful for their expertise.”
— S.R., Bergen County, NJ
Key Takeaways
| Question | Answer |
| Can my ex lie about their income for child support? | They can try—but the court has tools to uncover the truth. |
| What if they’re self-employed? | You can still investigate via discovery and forensic accounting. |
| Can the court change the amount later? | Yes. If misrepresentation is proven, support can be modified retroactively. |
Frequently Asked Questions (FAQs)
How do I prove my ex is hiding income?
Start with documentation—bank statements, tax returns, and lifestyle indicators—and work with an attorney to request discovery.
Can a court look at my ex’s Venmo, PayPal, or Zelle?
Yes, digital payment platforms can be subpoenaed and reviewed in discovery.
Is it illegal to hide income during a support case?
Yes. It’s considered perjury and can result in legal penalties.
Will I have to pay for a forensic accountant?
Often, yes—but in complex cases, it’s worth it. Some costs may be recoverable depending on the outcome.
Conclusion: Don’t Let Dishonesty Hurt Your Child
When your ex lies about their income, it’s your child who suffers most. But you’re not stuck. New Jersey family courts have systems in place to uncover hidden income, assign fair obligations, and hold deceptive parents accountable.
If you suspect income fraud or need help adjusting your child support order, Ziegler Law Group can help you fight for what your child deserves.
📞 Call us today at 973-533-1100
📩 Or request a confidential consultation to explore your options.
