If My Ex Refuses To Work, How Do I Get Child Support?

In Illinois divorce cases, the spouse who earns less than their ex is entitled to financial support or spousal maintenance. They are also entitled to child support if they were awarded custody. There are several factors that an Illinois court examines before determining how much a paying spouse should pay.

However, it is not uncommon for a paying spouse to refuse to make payments or to delay them. Fortunately, the law in Illinois does not favor them in this case. This is especially true with spouses who refuse to work because they do not want a part of their income going towards alimony.

Is The Unemployment Voluntary Or Involuntary?

If the parent’s unemployment is voluntary and they show no effort to find a job as motivation to evade child support, the court will use his/her potential income to calculate child support. In this case, both spouses must provide proof as to what the voluntarily unemployed parent could be making – if they were employed. The judge will decide the potential income that is to be made for child support. You are still responsible for child support if unemployed.

In other words, the voluntarily unemployed parent will have to pay child support as if he/she were fully employed. However, this will not increase the payment, whether the payer has a full-time job or not.

If your spouse is voluntarily unemployed, according to Illinois law, you can request them to look for a job and to maintain a diary as a record of their employment status. Depending on your case, the paying spouse may be asked to apply for a certain number of jobs every week and provide written reports as proof to the court once a month or however, it is set by the judge.

Imputing Income

When an ex refuses to work, the court can impute income, meaning they assign an income level to them based on their potential earning capacity. This process involves:

• Assessing Their Skills and Job Market: The court evaluates the non-custodial parent’s skills, job history, and the current job market to determine a reasonable income level.
• Considering Voluntary Unemployment: If the court determines that the parent is voluntarily unemployed or underemployed to avoid paying child support, it will impute income accordingly.

If a parent is not working, the calculator to determine child support payments is essentially useless. The amount should be determined by the specific needs of the children involved so the parent can pay, according to their child’s needs. However, if you had a prenuptial agreement, which stated the parent who is awarded child custody, will not receive support payments, you may have to depend on your own income.

Statistics On Nonpayment of Child Support In Illinois

In the state of Illinois, child support nonpayment has become a pressing and widespread issue. Currently, over 15% of child support cases involve overdue payments that exceed a staggering $10,000, reflecting a troubling trend of increasing nonpayment rates over the last decade. Enforcement efforts aimed at collecting these overdue payments have proven to be both costly and frequently ineffective.

This situation mirrors national trends, affecting millions of families across the country. Despite numerous reforms and attempts to strengthen enforcement, countless custodial parents in Illinois continue to face significant challenges in securing the financial support that is legally owed to them. Below, we provide an in-depth exploration of the latest statistics and insights into the serious implications of child support nonpayment in the state.

Key Statistics on Nonpayment

Nationwide Debt – A jaw-dropping total of over $4.8 billion in overdue child support is owed across the United States, with Illinois contributing a notable and significant share to this alarming national figure.

Long-Term Delinquency –  More than 15% of child support cases in Illinois involve arrears that surpass $10,000, signaling a pattern of long-term delinquency and highlighting systemic challenges in the enforcement of child support orders.

Payment Rates – Of the non-custodial parents who are in arrears, only about 55% make any payments at all within a given year; a mere 25% consistently make regular payments. As a result, the majority of custodial parents are left grappling with unpredictable or entirely absent financial support.

Eligibility and Receipt – It is estimated that around 70% of custodial parents are owed child support; however, only 55% of them receive the full payments owed, creating significant financial instability for families who depend on this critical source of income. According to this report from the U.S. Census, 44% of custodial parents receive the full amount due.

Interstate Complications – Complicating matters further, roughly 20% of unpaid child support cases involve non-custodial parents who reside outside of Illinois, making enforcement and collection efforts particularly challenging.

Economic Impact – Research indicates that unpaid child support debt experiences an increase of over 18% during periods of high unemployment, suggesting that economic conditions have a substantial influence on nonpayment behaviors.

Financial Impact on Families

Average Debt – On average, each family grapples with approximately $5,000 in unpaid child support, which can have a profound impact on essential aspects of living such as housing, nutrition, education, and healthcare for children.

Reliance on Support – Over 50% of custodial parents rely on child support as a primary source of income, meaning that nonpayment directly threatens their financial stability and, ultimately, the well-being of their children.

Support for Families – Illinois has implemented a “Families First” policy, which was updated in 2025 to ensure that custodial parents who exit public assistance programs will receive all arrears collected during their time on welfare, helping to alleviate some of the financial pressures they face. This is in conjucntion with theFederal Families First Act.

Enforcement Challenges

Cost of Enforcement – Across the nation, state agencies spend more than $2 billion each year attempting to collect unpaid child support, often with minimal success—a significant strain on resources.

Enforcement Tools – In Illinois, enforcement mechanisms include wage garnishment, suspension of licenses, interception of tax refunds, and reporting to credit bureaus. Despite these tools, effectiveness can be inconsistent, particularly when non-custodial parents are unemployed or earn lower wages.

Legal Action – Shockingly, legal action is pursued in only 12% of cases involving unpaid support. This limitation is largely due to resource constraints and the challenges associated with locating and prosecuting consistently delinquent payers.

Cost-Benefit Concerns – Often, the costs associated with enforcement efforts surpass the amounts that are ultimately recovered, particularly in situations involving long-lasting arrears and interstate complications.

Trends and Outlook

Increase in Unpaid Support – The trend of unpaid child support has surged by approximately 20% nationally over the past decade, with Illinois reflecting a similar trajectory.

Rising Overdue Payments – Over the last five years, the percentage of overdue child support has escalated by more than 10%, shedding light on the rising economic pressures and enforcement difficulties that many families are facing.

Reforms in Illinois – Recent reforms in Illinois are set to make significant strides in addressing these issues. Changes to the Income Shares model and new income imputation rules are designed to close existing loopholes and enhance fairness in the calculations of support, thereby fostering a more equitable system for all families involved.

Law Office of Fedor Kozlov, P.C.

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