Anderson & Boback Logo

How Do I Prove That My Spouse Makes More Money Than He Says He Does?

Published
Categorized as Spousal Support

We hear this question a lot. In most cases, spouses know intimate details about each other’s lives, including but not limited to their finances. As a result, most spouses know that what a spouse declares on his or her income tax returns is often times fibbed. However, in a court of law, the Judge will primarily rely on that party’s paystubs and tax returns. So what can you do to show a Judge that your spouse brings in more money than he or she says she does? For one, a Judge will require that you fill out a financial disclosure statement that will require you to list not only your income but also your expenses. If you allegedly make $3,000 a month but spend an average of $7,000 a month, a Judge will likely inquire where you are getting the extra $4,000 to meet your expenses on a daily basis. The other way you can prove that a party makes more money is by sending subpoenas to the party’s bank accounts to obtain statements that show large purchases and an extravagant lifestyle. The bank statements can also show the amount of deposits made on a monthly basis which can be used to show that your ex is either making money on the side or gets cash payouts from his job that allow him to lead an extravagant lifestyle. The spouse can also testify to their standard of living and his/her knowledge of how much money the other spouse actually made on a monthly basis. In some scenarios, all of the income is actually accounted for, but as a self-employee, the party likely deducts a significant amount of his expenses as business expenses, thus lowering his personal net income that is used to calculate child support and maintenance. Although business expenses can be legitimate expenses that a Judge will allow to be deducted as business expenses, a court can also refuse to deduct expenses that he/she deems more of a personal expense than a business expense, such as a cell phone or car payment. In the end, it will all come down to the amount of time and expense you are willing to put in to prove your spouse’s true income. If the difference is significant, then you will need to contact an attorney to help you with the discovery process and the gathering of relevant information to prove your case.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870