When parents are divorced or otherwise no longer in a relationship, they still have a legal duty to financially support their children. Unfortunately, as experienced child support lawyers in Skokie and Chicago, we know some parents refuse to pay. To avoid meeting their obligations, they may opt to work under the table. Find out how we can help you collect child support in this situation.
Under the Illinois child support Statutes, parents are obligated to provide financially for their children. Child support is automatically determined in divorce proceedings or may be initiated as a separate legal action in cases involving unmarried parents – once paternity has been proven.
There are general guidelines the court will follow in determining child support amounts and who is required to pay. Factors the court considers generally include each parent’s income and assets as well as the child’s overall needs. This situation becomes more complex when one of the parents is working under the table. While they may not show any income, the court can impute an amount, based on several factors in the situation:
Based on the above information, the court will determine a set amount of child support. This is the amount owed, regardless of whether they are currently working under the table. If they fail to pay this amount, they can be subject to enforcement actions.
When seeking child support payments from a parent who is working under the table, it is important to get our experienced child support lawyers in Skokie and Chicago on your side. We can take legal action to prove they are working and have income, such as subpoenaing their employer or tax records and gathering other incriminating evidence against them. Once an amount is imputed and a child support order is in place, we can help ensure it is enforced.
Failure to pay child support results in serious penalties. The Illinois Department of Health Care and Family Services (IHFS) publicly discloses the names and other information about ‘deadbeat parents’ who owe more than $5,000 in past child support payments. Other actions they face include:
Child support in Illinois is calculated based on the income of both parents. Courts use an income-shares model, which means accurate disclosure of income is essential to ensure that child support orders are fair and protect a child’s financial needs. Unfortunately, some parents attempt to hide income to reduce their child support obligation, leaving the custodial parent and children at a financial disadvantage. If you suspect your spouse or co-parent is concealing income, here are answers to the most common questions about how Illinois handles these situations.
Hiding income refers to deliberately failing to report all sources of earnings — such as cash payments, side jobs, freelance work, rental income, or business income — with the intent to make a parent’s income appear lower than it actually is. This can also include transferring assets to others or understating earnings on financial disclosures.
Yes. Illinois courts expect full financial disclosure from both parents when calculating child support. When hidden income is uncovered or suspected, the court may take steps to correct support orders and address the misconduct.
Courts in Illinois have several tools to address hidden income:
Courts consider several factors when deciding whether to impute income, such as the parent’s employment history, education level, skills, and earning opportunities. If a parent voluntarily reduces their income to lower their support obligation — for example, by taking a lower-paying job without good reason — the court may impute income at a level consistent with their earning capacity.
Proving concealed income often requires financial records such as tax returns, bank statements, pay stubs, business ledgers, and documentation of side work or cash payments. Attorneys experienced in child support disputes may also use discovery tools or forensic accounting to uncover undisclosed earnings.
Gather as much financial information as you can and speak with an Illinois family law or child support attorney. Legal professionals understand how to investigate discrepancies and can help you file a motion to modify child support or request income imputation.
At Gordon & Perlut, LLC., we know how important child support is in providing for your child. If you are concerned that your co-parent is hiding income to avoid paying the full amount of child support, consulting a qualified attorney early can improve your chances of uncovering income discrepancies and securing the financial support your children need.
Let our legal experts help you navigate the complexities of Illinois child support enforcement and ensure a fair outcome. You can count on our child support lawyers in Skokie and Chicago to act as strong legal advocates on your side, taking the actions needed to ensure the amounts ordered are paid. To request a consultation, call (312) 360-0250 or contact our office today.
