Can My Spouse Hide Income to Lower Child Support or Maintenance Payments in Illinois?

 Posted on July 10, 2025 in Child Support

When a couple divorces or separates in Illinois, financial transparency is absolutely necessary, especially when children are involved. Unfortunately, some spouses try to hide income in order to reduce their obligations for child support or spousal maintenance. If you suspect this is happening in your case, it is important to understand your rights and how Illinois courts handle these situations.

As of July 2025, Illinois courts routinely rely on detailed financial affidavits, subpoenaed records, and expert evaluations to verify reported income. If you believe your spouse is not being truthful, an experienced DuPage County, IL family law attorney can help uncover concealed income and present a strong case to the judge.

How Do People Try to Hide Income During a Divorce or Support Case?

A spouse may attempt to avoid paying a fair amount of child support or maintenance by:

• Failing to disclose cash payments or freelance income

• Delaying commission checks or business distributions

• Transferring assets to friends or family members

• Claiming false business expenses to reduce reported net income

• Underreporting income from rental properties or investments

These actions can significantly impact the outcome of your case if they go unnoticed. But courts are aware of these tactics and often take a close look at financial records, especially when discrepancies arise.

What Happens If the Court Finds Hidden Income?

Illinois courts can impute income. That means they can assign a fair income amount to a parent or ex-spouse, even if that person denies receiving that income. Under 750 ILCS 5/505 and 5/504, the court can calculate child support or maintenance based on what the person should be earning, rather than what they claim to earn.

When a spouse is found hiding assets during their divorce, the court can also order back payments for past-due support, impose interest on unpaid amounts, require the deceptive spouse to pay the other party’s attorney fees, and hold the spouse in contempt of court, which can result in fines or even jail.

These consequences are meant to protect the child’s well-being and ensure both parents meet their financial obligations.

What Should I Do If I Suspect My Spouse Is Hiding Income?

If you believe your spouse is misrepresenting their finances, gather as much documentation as you can, including past tax returns, bank statements, business records, or anything that shows a discrepancy in reported income. Then speak with a family law attorney who understands how to investigate and prove financial misconduct.

Will Hidden Income Always Be Found in a Divorce?

The court will not always manage to discover hidden income, but with the help of an experienced attorney, it becomes much more likely. Judges in Illinois expect full financial disclosure, and they can order extensive discovery when something seems off. If a spouse is self-employed or has irregular income, a forensic accountant may be brought in to evaluate their earnings.

In short, while it is possible for someone to try hiding income, these efforts are rarely successful for long, especially when the other party has strong legal representation.

Schedule a Free Consultation with a Wheaton, IL Family Law Attorney

If you suspect your spouse is hiding income to reduce child support or spousal maintenance, do not wait. Contact a DuPage County, IL divorce lawyer at Fawell & Fawell for a free consultation. "Your Family, Our Priority" is more than a slogan; it reflects our commitment to helping you secure what your family needs. Call us at 630-871-2400 to get started.