I would say yes. I have a similar scenario. Total deadbeat dad who underreports his income to the govt to pay less taxes and to make it seem like he makes nothing to (one day) lower child support. An income was imputed to him. That's what he pays child support on. Its still much lower then what he makes, but I'm leaving it up to the IRS to figure that one out. Lawyers and courts are used to hearing about "controlling women" by deadbeat partners & dads who don't want to pay because she had the balls to end the marriage. Its a cliche.