Alimony disputes are hard enough when both sides cooperate. When your spouse actively works against you, they become nearly impossible without the right approach.
I’m talking about hidden income. Incomplete financial disclosures. Sometimes flat-out lies about what they earn. These tactics can tank your chance at fair spousal support before you even realize what’s happening. At Hurst, Robin, Kay & Allen, LLC, we’ve seen every version of this playbook, and we know how to respond.
The Income Problem
Illinois courts calculate maintenance based on what both spouses actually earn. Pretty straightforward on paper. But when one person decides to make their income disappear, those calculations become worthless.
Business owners are particularly creative here. They’ll inflate their expenses. Pay themselves less on paper while maintaining the same lifestyle. Funnel money to family members or into accounts you don’t know exist. I’ve had cases where a spouse claimed poverty while driving a new car and taking international vacations.
Employees do this too, just differently. Bonuses get hidden. Side income stays off the books. Stock compensation somehow never makes it into their financial affidavit. Without accurate numbers, you’re negotiating blind. You might settle for thousands less than what you actually deserve.
That’s where a Lincoln Park alimony lawyer comes in. We dig into the real financial picture before you agree to anything.
Documentation Saves Cases
The sooner you start maintaining records, the better your case will do. You need tax returns from at least the past three to five years. Bank statements and credit card records. Pay stubs, W-2s, 1099 forms. If there’s a business involved, get the financial statements and tax filings. Investment accounts, retirement accounts, and loan applications that show income or assets.
Why loan applications? Because people tell the truth when they want money. They inflate their income to lenders, then deflate it in divorce court. Those contradictions matter.
Compare everything your spouse discloses with what they’ve told other people. The IRS. Their bank. Business partners. You’ll be surprised how often the stories don’t match.
Discovery Tools Exist For A Reason
Fortunately, when cooperation isn’t freely given, there are several legal avenues to force advancements in your case. Interrogatories require written answers under oath. Your spouse has to respond, and lying carries consequences. Requests for production compel them to hand over documents they’re trying to hide. We can depose them, which means questioning them directly about their income sources, business dealings, spending patterns, all of it.
If they still won’t comply, we file motions to compel. Judges don’t have patience for people who play games with financial disclosure. I’ve seen sanctions imposed. I’ve seen judges draw negative inferences that hurt the non-compliant spouse’s case. The consequences are real.
Red Flags Worth Watching
Some behaviors tell you immediately that something’s wrong:
- Income drops suddenly right before the divorce filing
- Large cash withdrawals that can’t be explained
- Money transfers to family members
- Lifestyle spending that doesn’t match reported income
- New business entities created just before separation
- Bonuses or compensation that get mysteriously delayed
When we see patterns like this, we bring in forensic accountants. They trace funds. They analyze business records. They reconstruct what someone actually earned versus what they claim. Their testimony can turn a case around.
Temporary Support Matters
These cases take time. Sometimes months. You can’t just wait without income while everything plays out.
Illinois courts will order temporary maintenance to cover your living expenses during the process. We file motions that show what you need right now and what your spouse can actually afford to pay. Temporary orders give you breathing room. They let you focus on building your case instead of panicking about next month’s rent.
Building The Final Case
Without cooperation from the other side, every detail matters. We organize your financial records. We identify every gap, every inconsistency in what your spouse has disclosed. We prepare for hearings with arguments built entirely on facts, not assumptions.
Illinois courts consider several factors. How long have you been married? What can you earn? What your spouse earns. The standard of living you had during the marriage. We address each one with documentation. With evidence. With testimony when we need it.
This isn’t about being aggressive for the sake of it. It’s about making sure the court sees reality.
Enforcement Doesn’t End At The Order
You got your maintenance award. Great. But high-conflict situations don’t always end there.
Payments stop? Illinois law has tools for that. Income withholding orders take the money straight from their paycheck before they even see it. Contempt proceedings can result in fines or jail time in extreme cases. We can go after their assets, put liens on property, and intercept tax refunds.
A Lincoln Park alimony lawyer moves quickly when payments are missed. The longer you wait, the harder it becomes to collect what you’re owed. Falling behind by a month or two is one thing. A year? That’s a much bigger problem.
What You Should Do
If you’re in a high-conflict divorce and you suspect your spouse is hiding income, waiting won’t help. Start gathering your financial records now. Document every inconsistency you notice. Then talk to someone who handles these cases regularly.
We’ll review what you have, explain what options exist, and help you build a case that’s grounded in facts rather than hope. Because in high-conflict divorces, hope isn’t a strategy. Preparation is.