Legal Question in Family Law in Massachusetts

Re: how do i go about doing this

There are limited options for you, if he is keeping his financial records to minimize his income. You can, next time the child support comes to court, subpoena his tax and bank records. If he is stupid enough to lie on his financial statement even as to what is on his returns and bank account statements, you will at least raise the issue of his credibility. You can subpoena financial records of people who pay him, which may make them so unhappy they will find someone else to do the work, which means father's income will drop to become more in line with his claim. That may make you happy, but will not result in an increase in child support.

You can hire an expert forensic financial investigator, who will do a "net worth" analysis and see if he is worth more than his reported income would allow. If he's leasing an expensive car but the payments are more than he earns, he has a problem. That will be very expensive.

You can report him anonymously to the state and federal tax authorities. You may be entitled to 10% of the taxes they recover, but it will not be child support, and his legal expenses and tax payments will leave him a lot poorer also.

If some of the people who pay him are also your friends, you can try to get enough proof from them of his gross income that you can raise the issue in court. They will have to be ready to go to court to testify on your side.

If he deposits the checks in his personal bank account, the statements should reflect them as income. If he presents them at the bank they are drawn on for payment in person and never deposits the cash, that won't help you.

Re: how do i go about doing this

Retain an attorney to help you prove to the Court his true gross income for child support calculation.

Re: how do i go about doing this

The individuals that write your husband a check do they own a business?

The problem is that the only way a court can ascertain what an individual makes is through evidence of taxes and documentation of checks issued to your child's father (a paper trail).

In addition, you do not state whether you are going through a divorce and/or whether you were even married to this individual?

Again, if these individuals paying your child's father have a business you may be able to through discovery, subpeona their records, etc. (however, discovery is costly). That's of course, if there is any records. If you are going through the Department of Revenue, perhaps they can help you. However, if he is getting paid in cash you will have a very hard time proving it (does he have assets i.e. cars, a home, etc.?).

If he receives taxes and he is in arrears they can intercept his taxes. But from what you say, your issue is more based on receiving proper child support. Again, without any paper trail you will have a difficult time proving he makes more money than he is disclosing. Your best bet is to gather all your documentation consult with an attorney and if you cannot afford one, try calling Boston Bar Association, Lawyer's Referral Service, Woman's Bar Assoc., etc. to see if you qualify for discounted representation or pro bono. I hope this is of some help. Good luck! Sincerely, Maria Murber