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During many family law cases, parents often face many financial stresses. This is particularly felt in child support issues. Illinois law requires that each parent must financially provide their child. State law also provides a complex calculation for determining child support amounts. In these cases, child support is either settled through out-of-court agreements or is decided by a judge using the statutory calculations. Either way, each parent’s income is essential to figuring child support obligations. In some cases, parents purposefully become unemployed or underemployed to avoid paying more in child support. If you are concerned that your child’s other parent should be making, and thus paying, more, read the information below. Then, contact an experienced family law attorney.
Because child support is largely calculated based on both parents’ incomes, among other factors, some parents try to pay less by manipulating their employment. Purposefully staying unemployed or underemployed to avoid paying child support is called “voluntary impoverishment.” A parent may be underemployed when he or she is not living up to their earning potential. Staying voluntarily unemployed means that parent refuses to find another job after being fired or laid off. Or, it could mean that the parent intentionally got fired or laid off in order to decrease their income.
Imputing Income and Modifying Orders
While parents who have voluntarily impoverished themselves think they found a legal loophole, this is not the case. In fact, the law has a specific way to deal with these parents. A judge can impute, or assign, an income to the opposing party in your case if they are trying to evade paying child support. The judge will review information, like the party’s previous earning history, to determine what income amount to impute. Then, that number will be included in the child support calculation. Usually, this situation occurs after the original child support case was closed. Ultimately, you may have to return to court and ask the judge to modify your child support order. An experienced family lawyer can help you with this so that you can get the correct amount of child support.
Contact Reputable Child Support LawyersAre you concerned that your child’s other parent is not paying enough child support? Do you think it is time to recalculate their support obligation? If so, contact Martoccio & Martoccio today. Our dedicated DuPage County family law attorneys have extensive experience handling even the most complex child support cases. We are fully dedicated to our clients, and we know that you will have questions along the way. We are here to answer your questions and address your concerns so that you can move forward. Contact us today to schedule a free consultation, and speak with a DuPage County lawyer today.