Suspected hidden income in a Las Vegas child-support case calls for evidence, not assumptions. A parent’s reported wages may not show every income source, particularly when a business, commissions, investments, or irregular compensation are involved. The appropriate response depends on whether support is being established, an existing order needs review, or an earlier judgment is being challenged.
Ford & Flaxman’s child support attorneys can assess the financial issues and procedures available in a particular case. This guide describes questions to raise; it does not establish that any parent has concealed income.
Start With the Legal Definition of Income
NAC 425.025 defines gross income for Nevada child support. It includes more than salary and contains specific inclusions and exclusions. For a parent with sufficient ownership control or access, certain undistributed business income can matter. A tax return, business bank balance, or salary figure alone may not answer the support question.
Current base calculations use the tiered schedule in NAC 425.140, not the former annual per-child cap. Once income is determined, custody offsets and other applicable provisions must also be considered. See our high-income child support guide for that framework.
Identify Specific Financial Discrepancies
Potential questions include whether all employers and compensation sources are disclosed, whether the financial statements match bank deposits, and whether a business pays expenses that benefit a parent personally. A recent decline in reported income may warrant an explanation, but legitimate business losses, borrowed funds, and other circumstances must also be considered.
Prepare a dated summary of the discrepancy and identify records you already lawfully possess. Preserve relevant documents without altering them. Do not enter private accounts, impersonate another person, or obtain bank, tax, or employer records without authorization.
Use the Proper Disclosure and Discovery Process
Under NAC 425.120, a court may direct a party to provide financial information, including income tax returns. Depending on the case and applicable procedure, counsel may seek employment records, business statements, discovery responses, or third-party records through authorized requests or subpoenas. Financial specialists may be useful when the volume or complexity of records justifies the expense.
Useful analysis separates gross business revenue from support income, recurring earnings from unusual receipts, and unexplained transactions from transactions with documented explanations. The objective is to present a supported income calculation rather than infer earnings from lifestyle alone.
When May Income Be Imputed?
Imputed income is not an automatic penalty for a disagreement over earnings. NAC 425.125 permits imputation after evidence establishes underemployment or unemployment without good cause. The court considers circumstances such as employment history, skills, health, job-seeking efforts, and the local labor market. Proven actual income and income attributed based on earning capacity are different issues.
Can an Existing Order Be Changed?
NRS 125B.145 addresses review of child-support orders. The grounds, requested relief, and effective date require separate analysis. Finding additional income does not automatically rewrite past payment obligations.
NRS 125B.140 generally distinguishes accrued payments from payments that have not accrued when notice of a filed modification motion is given. An allegation that an earlier judgment was obtained through fraud may raise a different procedural question, with its own standards and deadlines. Ask an attorney to review the order, service history, and evidence promptly rather than assuming a retroactive increase is available.
Questions About Underreported Income
Does a low salary prove that a business owner is hiding income?
No. Salary is only part of the analysis. The business records, access to earnings, and regulatory definition of income need to be examined. Suspicion is a reason to investigate through lawful procedures, not proof of misconduct.
Will the court impose penalties?
Consequences depend on what is proved, applicable disclosure duties, and the particular request before the court. Sanctions or enforcement measures are not automatic. Correctly calculating support and addressing a disclosure violation may require different requests.
Can support be increased for every earlier month?
Not automatically. The rules for modifying future payments, enforcing existing arrears, and seeking relief from a prior judgment differ. The discovery of income alone does not determine the effective date or remedy.
Discuss the Records With an Attorney
Bring the current custody and support orders, payment history, relevant financial disclosures, and a short explanation of the discrepancy. Contact Ford & Flaxman for instructions on providing records securely and discussing available representation. This article provides general information, not advice about the merits or deadlines in an individual case.