Paying parents sometimes file modification motions based on exaggerated or false claims of reduced income. Custodial parents who know how to respond — and what documentation to gather — can defeat these motions and sometimes recover attorney fees.
How to Respond
When served with a modification motion, gather: the paying parent’s tax returns for the past three years, recent pay stubs or business records, any evidence of lifestyle inconsistent with claimed income, and the existing order. File a responsive declaration that addresses each claim factually. Request income documentation in discovery if the paying parent refuses to provide it voluntarily.
Attorney fee awards are available when motions are frivolous. A paying parent who files a modification motion based on false income claims can be ordered to pay the custodial parent’s attorney fees and costs. This is available under Family Code § 271, which penalizes conduct that frustrates settlement or increases litigation costs. Documenting the bad faith increases the chance of a fee award.
The California Child Support Recovery System gives custodial parents the exact tools, templates, and step-by-step guidance to enforce support orders, calculate arrears, and use every enforcement mechanism available — without paying an attorney to get started. Request your free evaluation here.
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