Illinois Support Cases Involving Cash or "Off-Books" Pay

 Posted on December 15, 2025 in Family Law

A spouse who is routinely paid in cash, or "off the books," makes it very easy for him or her to claim they make much less money than they actually do when alimony and child support are being discussed. If that spouse’s lifestyle tells a different story – steady work, weekend trips, or major cash purchases, then an Illinois court is unlikely to simply take the spouse’s word about income. Many Illinois spouses facing alimony or child support disputes suspect that the other spouse is drastically underreporting what he or she makes.

Unfortunately, cash-heavy jobs like construction, landscaping, bartending, and gig work allow income to magically "disappear" because there are no pay stubs, tax returns, or bank records. Under Illinois law (ILCS Chapter 750 Section 5/505, 3.2a), however, the court is not limited to whatever a spouse chooses to report. The judge can look deeper, reconstruct income from lifestyle evidence, and impose support obligations based on what the spouse should be earning.

This is known as "imputing" income and is often used when an individual is working for cash, or willfully underemployed despite having the education and training to have a better-paying job. An experienced DuPage County, IL family attorney with the right legal strategy can uncover income that a spouse might prefer to keep hidden.

Why Do Cash Jobs Create Unique Challenges in Illinois Divorce Cases?

Many industries rely on cash payments, including trades, restaurants, landscaping, rideshare, side jobs, and gig work. The lack of payroll records encourages underreporting. A large gap between reported income and actual living expenses can result in less child support and spousal maintenance, but can also trigger court scrutiny. Illinois considers the "totality of circumstances" and may review spending patterns, credit applications, bank deposits, cash purchases, Venmo, Zelle, and Cash App payments, and tax returns versus lifestyle.

How Can an Attorney Prove Hidden Income?

An attorney will perform a lifestyle and expenditure analysis, looking at whether mortgage or rent payments are outpacing reported income, and whether the individual has car loans, takes vacations, or purchases expensive items. Monthly expenses can be used to infer income level.

Third-party records may be used to calculate income. These records can include informal employer statements, work schedules, jobsite logs, and invoices from side jobs. If the job includes tips, records of those tips might be available. Digital payment trails from Zelle, Venmo, Cash App, and PayPal transactions can be requested, and bank accounts can be checked for "friends and family" transfers that mask work income.

Banking activity that shows regular small cash deposits, ATM withdrawals, and redeposits, or transfers between personal and business accounts, will be closely looked at. If the court concludes the spouse is intentionally underreporting, then industry standard income estimates may be used, along with prior earning history. Skills, training, and full-time availability will also be closely looked at.

What Could Happen to a Spouse Who Intentionally Hides Income?

The potential consequences for a spouse who is deliberately hiding income include:

• Court sanctions
• Imputation of higher income
• Back support calculations
• Attorney fee shifting
• Reopening past support orders if fraud is discovered
• A negative impact on credibility throughout the remainder of the divorce proceedings

Contact a Wheaton, IL Child Support Lawyer

If your spouse is paid in cash or you have reason to believe he or she is hiding income during your Illinois divorce, you deserve a fair calculation of child support and maintenance. A knowledgeable DuPage County, IL spousal maintenance attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC can coordinate with forensic accountants, present lifestyle evidence persuasively, and protect you from being pressured into an unfair settlement. MKFM Law serves family law clients at their offices in DeKalb County, DuPage County, and Kane County. Call 630-665-7300 to schedule your initial attorney meeting.