The judge has already told you he doesn't care, that's why he didn't rule on it. You guys are doing everything right and the judge keeps shooting it down. This judge is showing you, you don't have a snowball's chance in hell.

Put the rope down, for your own sanity, please.

Your judge seems to be incredibly biased - either against your husband/his lawyer/fathers in general or in favor of BM/moms in general.  But if she's able bodied enough to volunteer at two separate places (which she's admitted), isn't she able bodied enough that they can impute income, whether you prove she's working and getting paid under the table or not?  Of course, it won't matter for this judge - your husband is probably just screwed no matter what.  I'll keep thinking positive thoughts for you, though!

The best you can hope for is that the judge will impute her an income based on work history, education, past job experience.   At least minimum wage, maybe more, and that is what they will base CS on.   Is she claiming she's disabled? 

Judges tend to get very upset when they feel one parent is trying to disparage or wrongfully attack the other parent. They tend to lean more towards the other parent and reward them more in court.

Case in point: We had mandatory drug testing for meth mouth, we decided to use it one weekend. She refused to test so lost custody for that weekend. She flipped her sh*t and went and took a blood test that came back inconclusive, so the judge ordered another test at our expense...that one came back clean. The judge admonished my DH in court, ordered him to pay for the other drug test she failed and rewarded her three weekends in a row for visitation. We were within our rights, yet the courts felt what we were doing was picking on meth mouth. Be careful you guys don't end up coming across as doing the same.

These dispensaries are so highly regulated.  I find it hard to believe their could be an employee being paid under the table for that.  How do you knowi it's under the table?  Maybe force her to provide a w2 in January?

https://www.vadivorcelaw.net/support-child-and-spousal-4-1-c.html

Here are some Virginia cases that relate to decisions on imputed income.. some actually involve people on and claiming disability.  That is not the only factor considered.. for example one judge wouldn't imput to a woman's former earning because she now had full time custody of kids and the demands of that would prevent it.. (maybe younger kids.. idk) but there were a couple of cases where it was imputed.. even on people with disabilities.  So.. I'm SURE your lawyer already has info like this but..

Can you blow her in to disability? Will they investigate themselves if they get a tip that someone is working?

Pictures don’t mean anything. And if she is on disability, her ability to work as if she wasn’t on disability is irrelevant. She could work part time while on disability. I doubt she works full time under the table but if she does, it’s hard to prove. Don’t waste your time

Is phoning it in and will no matter what will rule:

BM=good

father=bad

are there any online reviews of this judge that say he/she is father unfriendly?

Dispensaries are highly regulated. I don't think very many of them are paying someone under the table - they don't need to. Most of them do well enough they have no reason to try and avoid the costs of regular employees.

What does your lawyer think about this? Does he think subpoenaing her bank or other financial records is worth it? What about a private investigator? They could get way more information than you can.

Also, you need to be careful about your involvement in investigating her. You don't want blow back if she finds out what you are doing. I hope you blocked your number when you called the business.

Every time you talk about her working in a dispensary, you mention that it is illegal in her state. That is true - but she is working in a state where it is legal. The fact that it is illegal in her state does not matter.

I get your frustration over this - especially when it can make such a difference in the amount of child support you are paying. But you are spending a lot of time and emotion in a fight that may not be worth it.

Since she has the ability to work/volunteer her income should be imputed. If BM has made a recorded statement about "volunteering" at a dispensary and you know that she is receiving money under the table, file a complaint with the local BBB and with the IRS. Also report her to social security for possible fraud. She is the one saying she is volunteering for no money so let her prove it.  

If she is the manager/payroll and paying herself under the table w/out taking out payroll taxes, big no no.  Even if she was working in trade for pot there would would still be taxes to consider. It sure would harsh on her mellow to have the pot shop investigated due to illegal business practices, and then her boss finding out that it was all because of her.  

Who gave you that difference in cs. I looked up ks and increasing bms NET income from 1k to 4k only made a difference of about 200 dollars.   Is this a number your lawyer gave you?