Penalty for Hiding Income for Child Support in California (2025)

Child support payments play a crucial role in providing material support for children following a divorce or custody case. Before child support is set, both parties must disclose their assets, income, and debt so the courts can accurately assess the financial standing of both parents. If you are going through this process, you may be wondering if there is a penalty for hiding income for child support in California.

Can I Be Penalized for Hiding Income When Setting Child Support?

During a divorce or child custody matter, both parties are required to be transparent and honest in their dealings with the court. The integrity of the court system relies on participants to act in good faith and not try to hide assets, especially when setting child support. If a judge suspects that one party is understating their income for self-serving purposes, they have wide discretion to investigate financial records to determine the truth of the matter.

Overseeing child support in California are the Superior Courts, which employ 2,175 judicial officers, including judges and assigned judges. These officers handle thousands of child support enforcement matters every year, and they often develop strong instincts when it comes to identifying parents who may be attempting to conceal assets or earnings.

In fiscal year 2023, California collected approximately $2.5 billion in child support payments. A significant portion of this money was distributed directly to families. Courts take deliberate concealment of income very seriously because it directly harms the child’s ability to receive necessary financial support.

Common tactics parents use to minimize child support payments include working off the books, underreporting earnings, delaying bonuses and commissions until after the divorce is finalized, and transferring assets to others.

California’s family courts have wide discretion when investigating financial records. For example, the Stanley Mosk Courthouse, located at 111 North Hill Street, Los Angeles, CA 90012, and the Civic Center Courthouse, located at 400 McAllister Street, San Francisco, CA 94102, both oversee family law matters and routinely review detailed financial disclosures in divorce, custody, and support cases.

Potential Consequences of Hiding Income

When a parent is caught hiding income, the courts can take strong corrective measures. These may include assigning an income based on the available evidence, such as work history and earning capacity.

Retroactive support adjustments can be made if the obligor intentionally misled the courts about their income. Serious cases can lead to contempt hearings, which can lead to fines, wage garnishments, and even jail time.

The dishonest party can also be ordered to pay for the other party’s attorney fees as a consequence of misleading the court. California’s divorce rate, estimated at 6.9 per 1,000 women, reflects how frequently these family court cases arise.

Enforcement Tools

If one party is found to have intentionally misled the court when setting child support, judges have the discretion to garnish wages, intercept tax refunds, place liens on properties, and suspend the accused’s driving privileges. Enforcement actions are not limited to the state boundaries of California.

Between 2022 and 2023, approximately 690,100 people moved out of California. When a parent relocates to another state to avoid paying support, California can still enforce its orders through interstate cooperation agreements under the Uniform Interstate Family Support Act (UIFSA). Moving out of state does not eliminate support obligations or shield a parent from penalties for hiding income.

FAQs

What Happens if You Hide Income for Child Support in California?

Hiding income for child support in California can result in serious penalties, including fines, retroactive support adjustments, and contempt of court charges. Courts can impute income based on earning ability and set payments higher than reported earnings. If fraud is proven, you could be hit with sanctions. File accurate disclosures from the beginning to avoid legal action that can increase your financial obligations and damage your credibility.

What Happens if You Lie About Income for Child Support in California?

Lying about income for child support exposes you to contempt of court proceedings, fines, and back payment obligations. Courts may also impose monetary sanctions or modify the support order to reflect actual income. Submit truthful, complete income disclosures to avoid penalties. If you are caught lying, you risk not only increased payments but also serious damage to your position in future custody or support proceedings.

Can California’s Courts Impute Income Without Proof of a Job?

California’s courts can impute income without proof of a job if one parent fails to disclose their financial records. The court will base its estimate on the available evidence. The courts can evaluate earning capacity based on the obligor’s skills, work history, and local job opportunities. The state has an interest in providing support for children, even when one parent is willfully underemployed or hides their true earnings.

How Far Behind Can You Be in Child Support Before You Go to Jail in California?

In California, there is no strict dollar amount for how far behind you can be in child support before you go to jail. Willful failure to pay child support can lead to jail time, especially if contempt proceedings are filed. Jail depends on proven intentional nonpayment.

Courts typically issue warnings first, but serious arrears without a valid explanation can trigger contempt hearings. File for modification if you cannot pay, rather than ignoring obligations and risking court-ordered jail time.

What Happens if a Non-Custodial Parent Lies About Income in California?

If a non-custodial parent lies about income in California, courts can retroactively adjust child support, issue fines, and impose contempt sanctions. Judges can impute income based on lifestyle evidence, employment history, or other financial documentation. File a motion to modify support and request discovery if you suspect the other parent is being deceptive. Prompt action can protect your child’s rights and help recover any unpaid or underpaid support.

Schedule Your Child Support Disclosure Consultation Today

Hiding income to avoid child support obligations in California can result in serious consequences, including court-ordered income assessments, contempt charges, and potential criminal penalties. Courts treat financial dishonesty harshly, and efforts to conceal earnings can harm your credibility in both support and custody proceedings.

At Quinn & Dworakowski, LLP, our experienced family law attorneys are ready to help you address child support disputes with honesty and strength. We can tailor our strategies to your goals while keeping your child’s best interests as the central focus. Contact our office today to schedule a consultation.

About The Author

Stephane Quinn

Attorney Stephane Quinn is an experienced divorce and family law attorney and Certified Family Law Specialist (California Bar Board of Legal Specialization). As founding partner of Quinn & Dworakowski, LLP, he focuses on fathers' rights, complex custody cases, and high-asset divorces. Admitted to the California Bar in 2010 (SBN #278188), he has been recognized as: Super Lawyers Rising Star (Since 2017) Cum laude graduate from California State University, Long Beach Juris Doctor from Fowler School of Law in Orange Fluent in French, Attorney Quinn aggressively protects clients' rights in Orange County family courts.

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