Unemployment, Child Support, and Imputed Income in Illinois

 Posted on July 11, 2022 in Chicago divorce attorney

Many people have been through the pain of unemployment and underemployment. Job loss is difficult for anyone, but parents often have an especially hard time dealing with unemployment and underemployment. If you or the other parent are unemployed, read on to learn how this can have an effect on child support obligations.

Child Support Obligations When a Parent Makes Little to No Income

Child support is based on the parents’ incomes. When a parent gets fired or laid off or takes a low-paying job, this can significantly influence child support calculations. Illinois handles unintentional unemployment and underemployment differently than voluntary unemployment and underemployment.

If a parent loses his or her job due to no fault of their own, they may petition the court for a child support modification. If the parent is the paying party or obligor, the court may reduce his or her child support obligation. If the parent is the recipient of child support, the other parent may be required to pay more in support.

Courts know that some parents voluntarily quit their job, fail to gain adequate employment, or intentionally take a low-paying job to evade their child support obligation. If the court feels that a parent is not making good faith efforts to maintain adequate employment, the court has the authority to use “imputed income” instead of actual income to calculate child support.

Imputed Income in Child Support Cases

Illinois may use estimated income or imputed income to calculate child support. Imputed income is determined by assessing the parent’s job history, employment opportunities, education, skills, and the local job market. If the parent does not have adequate work history to estimate income, the court will use the federal poverty guidelines to estimate the parent’s potential income.

Imputed income may also be used when a parent is not honest about his or her income. For example, a self-employed parent may fail to disclose all sources of income or underreport how much he or she makes. In this case, the court may be forced to use imputed income instead of the reported income. Child support calculations proceed as normal but instead of using the parent’s actual net income in the Income Shares formula, the court uses the imputed income to determine child support.

Contact an Aurora Child Support Lawyer

Our Kane County family law attorneys at The Law Office of Matthew M. Williams, P.C. can address all of your child support questions and concerns. Call us at 630-409-8184 for a confidential case assessment.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm