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

Divorce Attorney

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.

Understanding Illinois Child Support Laws

In Illinois, child support is a critical component of ensuring that both parents contribute to the financial well-being of their children. The state follows a set of guidelines to determine the amount of support required, typically based on the income of both parents and the needs of the child. However, complications arise when one parent refuses to work or underreports their income.

Legal Obligations of Parents

Illinois law mandates that both parents are financially responsible for their children. Even if an ex refuses to work, they are still legally obligated to support their child. The court considers potential income, which means they will estimate what the non-custodial parent could be earning based on their skills, education, and work history. This way, they can’t escape their responsibilities by simply not working.

Steps to Take If Your Ex Refuses to Work

Document Everything: Keep a record of all communication and attempts you’ve made to discuss child support with your ex. Documentation can be crucial if the case goes to court.
Seek Legal Advice: Consult a family law attorney who specializes in Illinois child support cases. They can offer guidance specific to your situation and ensure you take the right steps.
File a Petition for Child Support: If you don’t already have a child support order, you need to file a petition in family court. This legal document will formally request the court to order your ex to pay child support.
Enforcement Mechanisms: If there’s already a child support order in place and your ex is non-compliant, you can ask the court to enforce the order. Illinois has several enforcement mechanisms, such as wage garnishment, withholding tax refunds, and even revoking professional licenses.

Impact on Child Support Calculations

Imputing income ensures that child support calculations reflect a fair contribution from both parents. In Illinois, the Income Shares Model is used, which considers the combined net income of both parents and the number of children to determine support obligations. By imputing income, the court can prevent the non-custodial parent from shirking their financial responsibilities.

Enforcement Actions

If your ex continues to evade their responsibilities, there are several enforcement actions the state can take:

Income Withholding: Even if your ex starts working under the table, the court can order wage garnishment to ensure child support payments are made directly from their paycheck.
Tax Refund Interception: The state can intercept federal and state tax refunds to cover unpaid child support.
Suspending Licenses: Professional, recreational, and driver’s licenses can be suspended for failure to pay child support.
Contempt of Court: If your ex blatantly ignores court orders, they can be held in contempt of court, which can result in fines or even jail time.

Public Assistance Programs

If you are struggling financially while waiting for child support enforcement, Illinois offers several public assistance programs to help bridge the gap. Programs like Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP) can provide temporary relief.

Contact Our Experienced Schaumburg Child Support Attorney

Dealing with an ex who refuses to work to avoid child support can be incredibly frustrating. However, Illinois law provides several avenues to ensure your child receives the financial support they deserve. By understanding the legal framework, seeking professional advice, and leveraging state enforcement mechanisms, you can navigate this challenging situation more effectively.

Remember, while the road might be tough, the ultimate goal is to secure the best possible outcome for your child’s future. You’re not alone in this journey; legal and community resources are available to support you every step of the way.

An experienced child support attorney in Schaumburg can help you come to a decision that is in your and your family’s best interests. Get in touch with the Law Office of Fedor Kozlov at (847) 380-5193 for a consultation and sound legal counsel in Schaumburg, Illinois.

(Updated 10/23/2024)