Getting a Fair Child Support Order When a Parent Makes Money "Under the Table"

 Posted on May 10, 2022 in Family Law

Divorced parents and parents who never married are often subject to child support orders. Child support is a method for splitting the cost of raising a child between parents who are no longer together and ensures that the child will receive financial support from both parents. In 2016, Illinois changed the way child support is calculated. The amount that a parent pays is now based on both parents' net incomes, not just the paying parent's net income. Lawmakers changed the child support calculation method in order to ensure that child support obligations are fair and reasonable, given both parents' financial circumstances.

Before the court can calculate child support, parents must disclose all forms of income to the court. Unfortunately, some parents fail to disclose the income they earned "under the table." How can parents get a fair child support order if a parent receives cash income and fails to disclose it?

Failure to Disclose All Forms of Income is Illegal

Illinois parents involved in a divorce or child support case are required to disclose details about their financial resources, assets, and debts. However, some parents falsify financial information with the hope of reducing their child support obligation or increasing the child support they receive from the other parent. Failing to disclose all forms of income is unethical and unlawful. The court expects honesty, and parents who lie about their income can face contempt of court charges.

What to Do If the Other Parent Lies About Income

Child support payments are calculated based on the parents' net incomes. Net income includes not only wages from an employer but also all other forms of income, including bonuses, commissions, business income, and cash income. If a mother receives $100 a week for babysitting a neighbor's child, she needs to include this income on her financial affidavit. Similarly, a father who has a side job as a handyman must disclose all the money he made through this job.

When someone works "under the table," they are usually paid in cash, and no taxes are deducted from the payments. This means that there is no clear paper trail showing that the individual received the money. The lack of documentation makes it easier for parents to lie about their income for the purpose of manipulating child support.

If your child's other parent fails to disclose all forms of income, contact an experienced child support lawyer for help. Attorneys experienced in child support and divorce matters have methods for finding hidden income and assets in situations like this. The court may also "impute" income or estimate the income your ex receives and use this amount to calculate child support.

Contact a Wheaton Child Support Lawyer

If you are getting divorced or are unmarried and share a child with your ex, your child support order should be based on accurate financial data. Call the Wheaton family law attorneys at Davi Law Group for help. We can advocate on your behalf and provide the legal guidance you need. Call 630-657-5052 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm