Hi, I want to go after my ex for non-payment of child support…

Hello:

He will have an obligation to disclose certain information to you and the court, including his tax returns, and financial statements for any corporation that he controls. The court has the power to deem or impute income to him if he is leaving money in the corporation and there is no reasonable business reason for doing so. If he is doing anything like paying a family member a salary through his business, the onus is on him to justify that the amount paid is for actual work performs, and is a reasonable amount given that work.

So if he is just trying to use the corporation to hide income, that is something that is usually not possible to do.

Where it can get much more difficult is if there is no paper trail of money in his hands, such as where he has been getting paid in cash for his work. The court will base the income calculation of his tax returns and financial statements and if you claim that those are not accurate, then the onus is on you to prove that. Proving income where a person is taking cash under the table is very difficult.

The court can also look at expenses that have been claimed as business expenses and can add those back if they are clearly personal, such as if he was using expenses to pay for the house renovations. The onus to prove that he has been filing false tax returns or financial statements is on you. The court can look at proof of his lifestyle and expenditures, but its usually hard to prove how much a person is making from such evidence, as you won't have receipts for what he paid for things like the ring or renovations, or know whether he paid those from savings that he had.