Role Of Income Disclosure Under 750 ILCS 5/504 And 505 In Illinois
Why Full Income Disclosure Matters In Illinois Divorce Cases
As a Schaumburg divorce attorney, I often explain to clients how important accurate income disclosure is under Illinois law. Many people entering a divorce assume that income determines child support or maintenance, but its impact goes far deeper. Your financial affidavit, supporting documents, and supplemental disclosures directly influence nearly every financial outcome in your case. When income is underreported, exaggerated, or hidden, the court’s decisions become compromised, and serious legal consequences often follow.
I have seen families struggle unnecessarily because one spouse withheld key information or failed to provide complete documentation. Illinois courts expect transparency so judges can issue fair support orders under the statutory formulas. A delay or refusal to disclose income can slow down your case and even result in sanctions. Whether you are the spouse seeking support or the spouse who may be ordered to pay, the numbers matter. Full disclosure under 750 ILCS 5/504 and 750 ILCS 5/505 is not optional; it is required by law and critical to a lawful and fair outcome.
Legal Requirements For Income Disclosure Under Illinois Law
Illinois requires both parties in a divorce to submit a sworn financial affidavit. This document includes income from all sources, as well as expenses, debts, and assets. The courts rely on this disclosure to calculate maintenance and child support.
Under 750 ILCS 5/504, the court considers the income of each spouse as a central factor when determining maintenance (spousal support). The statute lists multiple elements the court must weigh, but income remains foundational.
Under 750 ILCS 5/505, income is also the key factor for child support calculations. Illinois uses an income-shares model, meaning the child support amount is based on both parents’ combined income and the percentage each parent contributes.
The accuracy of the financial affidavit ensures that the statutory formulas reflect your real financial circumstances. Any inconsistency or omission can lead to improper support orders and potential legal penalties.
Understanding Maintenance Under 750 ILCS 5/504
Maintenance, sometimes called alimony, is designed to help a spouse achieve financial stability during or after a divorce. Under 750 ILCS 5/504, the court evaluates income, needs, earning capacity, the length of the marriage, and several additional factors.
The maintenance formula applies to most divorcing couples, unless the court finds an exception warranted. The statutory formula generally uses a percentage of the payor’s income minus a percentage of the recipient’s income to generate the maintenance figure.
When one spouse underreports income, inflates expenses, or fails to disclose bonuses, commissions, or business revenue, the resulting maintenance order becomes unfair and unlawful. This is why complete financial transparency is so essential. I routinely review bank records, tax returns, payroll documents, and business statements with clients to ensure disclosures are accurate and defensible in court.
Child Support And The Income-Shares Formula Under 750 ILCS 5/505
Child support is calculated using the income-shares model under 750 ILCS 5/505, which requires accurate income information from both parents. The statute defines “net income” in detail and outlines which deductions are permitted.
This includes:
- Tax obligations
- Mandatory retirement contributions
- Union dues
- Health insurance premiums for the child
If either parent fails to fully disclose income, the child support calculation becomes distorted. For example, failing to provide proof of overtime, commissions, rental income, stock dividends, or self-employment income can result in a child support order that does not reflect the true financial picture.
When a parent intentionally hides income or misrepresents financial information, the court may impute income. This means the court assigns an income level based on evidence such as past earnings, job history, education, or employment opportunities. Illinois courts take this seriously because child support is designed to meet the child’s best interests—not reward a parent for withholding information.
Consequences Of Failing To Disclose Income In A Divorce Case
Failing to disclose income is not just improper—it can be legally damaging. Illinois courts have the authority to impose sanctions for failing to comply with disclosure rules. Courts may:
- Fine the non-compliant party
- Award attorney’s fees to the other spouse
- Impute income based on available evidence
- Reopen financial issues if hidden income is discovered later
- Hold the non-disclosing spouse in contempt
Under Illinois Supreme Court Rule 137, knowingly providing false information can result in penalties. Courts also treat intentional nondisclosure as bad faith, which often influences judicial discretion in all aspects of the divorce case, including property division and support rulings.
When necessary, I work with forensic accountants, business valuation professionals, and financial specialists to analyze income streams and ensure that the court receives a full and accurate picture.
Income Disclosure For Business Owners And Self-Employed Spouses
Self-employment often complicates income analysis. Business owners may have fluctuating revenue, deductible expenses, tax write-offs, or irregular distributions. Under both 750 ILCS 5/504 and 750 ILCS 5/505, income includes more than wages—it also includes profits, draws, retained earnings (in some situations), and other business-related financial benefits.
Because these situations can be complex, I encourage clients who own businesses to prepare detailed documentation early in the case. The more organized your records are, the more effectively we can present your true financial picture to the court.
Why Transparency Is Crucial For A Fair Divorce Outcome
Income disclosure is the foundation of all support decisions in an Illinois divorce. When each spouse provides honest, complete information, the process results in fair maintenance orders, reasonable child support amounts, and efficient case progression. When one spouse withholds information, the entire system becomes unbalanced.
As your attorney, my goal is to ensure that the disclosures comply with Illinois law and protect your financial rights. Careful preparation, accurate documentation, and consistent communication allow me to advocate effectively for you in court or during settlement negotiations.
Call The Law Office Of Fedor Kozlov For Experienced Divorce Representation
If you are concerned about income disclosure, child support, maintenance, or financial accuracy in your divorce case, I encourage you to speak with me directly. The Law Office of Fedor Kozlov represents clients in Schaumburg and throughout Chicago, Illinois, and we take financial issues in divorce cases very seriously. Accurate income reporting is essential to protect your future, and I am here to guide you through every step of the process.
Contact our Chicago divorce lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. We are here to give you clear, tailored guidance for your situation.
