How to Use a Debtor Examination to Find Hidden Assets in Child Support Cases

California Child Support Recovery System | Justice Foundation

When a paying parent claims poverty while maintaining a comfortable lifestyle, a debtor’s examination — formally called an Order of Examination (OEX) — is one of the most powerful investigative tools available to a custodial parent owed arrears. It requires the delinquent parent to appear in court and answer questions under oath about their finances, assets, income, and property. Lying is perjury. Failing to appear is contempt.

What an OEX Is

An Order of Examination is a court order requiring a judgment debtor — in this case the parent owing child support arrears — to appear before a court officer and answer questions about their financial circumstances. In California, you can apply for an OEX in the superior court of the county where the paying parent lives or works. The application is simple, the filing fee is modest, and you don’t need an attorney to conduct the examination.

What You Can Ask

At the examination, you can ask about all sources of income — wages, self-employment income, rental income, investment returns, cryptocurrency, cash income, and any other compensation. You can ask about all bank accounts, investment accounts, retirement accounts, and their current balances. You can ask about real property ownership, vehicles, boats, business interests, and any other assets. You can ask about recent transfers of property — sales, gifts, or transfers to family members — that may represent attempts to hide assets. You can request that the debtor bring bank statements, pay stubs, tax returns, and business records to the examination.

Subpoenaing Third Parties

In connection with an OEX, you can issue subpoenas to third parties — banks, employers, business partners — requiring them to produce records. A bank subpoena requiring production of all account statements for the last two years is a standard tool for uncovering income that doesn’t appear on tax returns. Employers can be subpoenaed for payroll records. Business clients can be subpoenaed for records of payments made to the obligor’s business.

What Happens When Hidden Assets Are Found

When an OEX reveals hidden assets, you can immediately apply for enforcement orders targeting those assets: a bank levy on the discovered accounts, a lien on discovered real property, an assignment order on discovered income streams. The Justice Foundation kit includes OEX application forms, subpoena templates, and examination question scripts organized by asset type.