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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Illinois, the law recognizes that a parent's obligation to support their child should reflect their ability to pay. According to the Illinois Marriage and Dissolution of Marriage Act, if a court finds that a parent is voluntarily unemployed or underemployed, it may calculate child support based on the parent's potential income rather than their actual income. This is to prevent a parent from avoiding their child support obligations by intentionally earning less than they are capable of. The court will consider factors such as work history, education, skill set, and job opportunities to determine what the parent could potentially earn. The goal is to ensure that the child receives a fair amount of support reflective of the parent's earning capacity.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Illinois State Code

Illinois State Code

Child support

unemployment/underemployment

Articles