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I have filed for divorce and my husband and I have a 15 ...

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I have filed for divorce and my husband and I have a 15 year old son. My son wants to live with me. I'' m unemployed and going to school full time because my factory was bought out and shut us down. My husband has a good paying job with benifits. He has lived in this area for almost 20 yrs now. We have been marreid for 12 years and have lived together for 15. He is from Ky and we live in IL. He tells me he is going to quit his job and go back home and move in with his mom, so he wont have to pay child support. He said IL. will not go to ky and bring him back to IL. and put him in jail. I have a year of school left and I don''t know how I could make it with out the child support.
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
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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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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Customer: replied 6 years ago.
Relist: I still need help.
I have a few more questions that go alone with the first questions that I ask. First, my husband would not be able to get unemployment from his job here in IL,because he would be quiting a very good job. You are not intitled for unemployment if you just quit your job. Also my husband plans on using the excuse in court that he has to relocate back home to Ky, with his mother because he cann't afford to pay child support, maintence, and pay his expense to stay here in IL. too. Of course this excuse is not true,because we both will have to file for bankrupcty after the divorce. So he would not have those bills.We both have more dept than there is to gain from the marriage. We built a new house which we own more than we have in the home. He knows he would have to pay me alot with his good job here in IL. He is going back to KY, to find a mim. wage job, so he would'nt have to pay as much. He will also take his time in finding this new job. If they base his income on what he is making now, with this job, can they lower his child support to his new min. wage job? I was told by a friend he would have to wait two years and take me back to court. Is this true.
Expert:  Attorney & Mediator replied 6 years ago.
Welcome back curlybld1

1) The unemployment was only used as an example of what was considered income. So I do understand and you are correct that if he quits he is not eligible for unemployment.

2) His child support order will be based on what he is making now, so if he is currently employed that is the income that will be used to set a child support amount. Now in Illinois there are two ways to seek modification of child support:

a) A three-year periodic review can be requested if there has not been any changes income but the cost of living has changed. This is done if the support orders have been filed with the IL child support enforcement agency or

b) If there is a significant change in circumstances which warrants immediate modification. If he obtains a low paying job, this can allow him to petition the court for a modification. However, his petition for modification can be objected to if you can show that he intentionally did this to avoid paying support. If the judge finds in your favor, it can deny reduction of support. If by chance support is reduced, and you find out he is now working a high paying job or has acquired additional source of income, you can then proceed with modification to increase his support.

In addition if your child needs more financial support, then you can always petition for an increase in modification.

Unfortunately it will be up to the judge how to decide this issue.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.



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