Proving Income for Child Support: Strategies and Legal Considerations
Introduction
Child support is a serious matter, often fraught with complex issues such as income misreporting. When a parent is hiding income, proving it can be a monumental challenge. However, there are methods you can employ to ensure accurate representation of your financial situation. This article will explore the best practices and strategies for proving income for child support, including the hiring of professionals and understanding legal definitions.Hiring a Forensic Accountant
One of the most reliable methods to uncover hidden income is to hire a forensic accountant. These experts are adept at tracing financial information and uncovering discrepancies that might indicate hidden funds. The cost of this service can be substantial both now and in the future. In the present, a forensic accountant will conduct a thorough investigation, which may involve examining financial documents, bank statements, and other records. In the future, ensuring that you and your co-parent follow through with accurate declarations of income will save you both time and money in conflicts over child support payments.Forensic accountants can also assist in proving income by providing evidence that may be used in court. If the other parent is found to be hiding income, they may face legal consequences such as contempt of court, fines, and even imprisonment.
Utilizing Social Security Numbers
Another method is to follow the Social Security Numbers of the opposing parent. Employers require employees to provide their Social Security Numbers, making it possible to trace earnings through public records. If the parent is hiding income, investigate which employers have recorded the SSN. This method can sometimes uncover hidden assets or employment that the parent is attempting to conceal.Involving a Private Investigator
For individuals who are more proactive, hiring a private investigator can be highly effective. These investigators use their expertise to gather evidence that can be used to prove income or resolve disputes over child support payments. While the upfront cost may be considerable, the investigative results can save a lot of time and potential legal fees in the long run. The private investigator can help uncover hidden jobs, irregular bank transactions, and other financial activities that may be leading to underreporting of income.My friend's ex-partner, for example, was lying about her income to the court by making it appear that she was barely scraping by. Her ex-partner, however, was earning four times what my friend made. By hiring a private investigator, the discrepancies were revealed, and my friend did not have to suffer financially for years. This approach has proven to be highly effective and has saved my friend significant amounts of money.
Understanding Legal Definitions
To fully understand the complexities of child support, it is essential to familiarize yourself with relevant legal terms. Section 8 of the child support guidelines and WEX provide crucial definitions. Additionally, using a Black's Law Dictionary (4th or 11th edition) can help you grasp the nuances of these terms. Understanding the definitions of concepts such as "color of law" and "positive law" will provide clarity on how these concepts impact child support obligations.Leaving the Program Unenforced
Child Support is fundamentally different from other types of financial obligations. It is not a voluntary contract but a legal obligation enforced by the state, through its child support program. Recognize that the support magistrate, friend of the court, and similar officials are not certified accountants, financial advisors, or bookkeepers. Therefore, by consenting to prove your income, you are essentially acknowledging their authority over your financial matters related to child support.Understanding the difference between "positive law" and "color of law" is crucial. The former refers to laws enacted through proper legislative processes, whereas the latter refers to actions taken under the guise of a law but without proper authority. This distinction is significant when determining whether the actions of the child support program have legal merit.
The Blessings v. Freestone case, for instance, clarified that the Supreme Court held that the state operates its child support program in substantial compliance with Title IV-D. This program was not intended to benefit individual children and custodial parents, nor does it create a federal right. It is important to approach child support with a clear understanding of these legal principles.