Thank you curlybld1 for your question.
Your husband is greatly mistaken in his assertions.
First, Illinois has proper jurisdiction to impose a child support order even if he no longer is living in the state, because you have filed for divorce and he was served when living in Illinois. So when a child support is issued in Illinois and he fails to pay it, you simply register your Illinois child support order in the state he is currently a resident of and that state will seek collections against him. So he cannot escape paying support.
Second, when the non-custodial parent
intentionally quits working, the court has the discretion to impute
income, based on the history of his earning capacity. In addition income does not only include his wages, but also takes into account any unemployment he would be collecting, an allowance from this mother
, his bank accounts, etc...any benefit that he will be deriving an income from. So it is not very easy for him to avoid paying child support and by imputing income, he will be forced to work or the court can seek enforcement by issuing a warrant for his arrest, suspending his driver's license, suspending his passport, intercepting his taxes (if he files).
So do not be deterred on what he is saying. Make sure you are able to collect a history of his earning in case he attempts to avoid providing his financial information to the court.
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