Question asked on Nov 6th, 2017

Q: My children’s father has taken a job with less hours and taken a side job that pays under the table so he won’t have to pay as much child support. Can I ask the judge, at a temporary child support hearing, if he/ she can impute income based on that my ex is working less hours than before we were separated?

A: You can ask, and there is case law regarding voluntary underemployment/unemployment; you can review much of the applicable law here, but you are better off basing support on actual income, usually.  If there is some evidence of the existence of this side job (affidavits, photos, whatever), and it is not on the payor’s Financial Disclosure Form, you could ask the Court to attribute “$X” to that second job, and base support on total income (as it is supposed to be under Nevada law).  You may need the assistance of a family law specialist to put that filing together.