When one parent claims they’re unable to contribute to child support due to unemployment or insufficient income, it can place an undue burden on the other parent. This situation becomes even more complex when the parent may actually be earning income under the table or intentionally underreporting their earnings. Fortunately, family law provides several tools to address these challenges and ensure children receive the financial support they deserve.
Investigating Hidden Income: The Role of a Private Investigator
A private investigator (PI) can be an invaluable resource in uncovering hidden income. If the other parent has a job that’s often paid under the table—such as bartending, serving, or independent contracting—a PI may be able to gather evidence of their actual employment and earnings. While hiring a PI requires financial resources, it can be a game-changing strategy in cases where there’s a strong suspicion of hidden income.
Rebuilding Income: A Practical Approach
If a PI isn’t an option, or even as an additional step, another strategy is to “rebuild” the parent’s income. This method involves analyzing their expenses to estimate what their income must be to sustain their lifestyle. For instance:
- If they pay $2,000 a month in rent, $1,000 for a car payment, and $1,000 for food and other essentials, their monthly expenses total $4,000.
- Even if they claim to have no income, the evidence of their expenditures can be presented to the court to show that they must be earning enough to cover these costs.
This method helps to illustrate the financial reality and can provide the court with a basis for imputing income.
Imputing an Earning Capacity: What It Means
Courts recognize that children are entitled to financial support from both parents. If a parent is not working or is underemployed, the court can assign them an “earning capacity.” This means the court estimates what the parent could reasonably earn based on factors like:
- Age
- Education
- Work history
- Experience
Even if the parent is not actively earning this amount, the court may calculate child support as if they were, ensuring that the child’s needs are prioritized.
Ensuring Financial Accountability
These strategies—using a PI, rebuilding income, and imputing earning capacity—help ensure that both parents contribute fairly to their child’s upbringing. The ultimate goal is to protect the child’s right to financial support and maintain fairness for the parent who might otherwise bear an unequal share of the burden.
If you suspect that the other parent is underreporting income or failing to contribute their fair share, consulting a family law attorney in Pennsylvania is crucial. An attorney can guide you through these strategies, provide legal representation in court, and help secure the financial support your child is entitled to.