In situations where a parent has no income or their income cannot be determined, calculating child support in Illinois can be diffcule. The state’s child support guidelines aim to ensure that children receive financial support regardless of the parent’s financial circumstances. Here’s how Illinois handles such scenarios:
“If the net income cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in the particular case.”
750 ILCS § 5/505 (a)(5)
No Income
When a parent has no income, the court takes a comprehensive approach to determine their ability to pay child support. Some key considerations include:
1. Imputed Income
If the court believes that a parent is voluntarily unemployed or underemployed, it may impute income. This means the court will estimate the parent’s potential earnings based on their work history, qualifications, and job market conditions. This imputed income is then used to calculate child support, ensuring that the child’s financial needs are met despite the parent’s current employment status.
2. Minimum Child Support Order
In cases where a parent truly has no income and cannot find employment, the court may issue a minimum child support order. This is a nominal amount, often set at a very low figure, usually full time employment at minimum wage in the county the party resides in.
3. Assistance Programs
If a parent receives assistance from government programs, such as Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI), the court may consider this support when determining child support obligations. These benefits are factored into the parent’s financial resources.
Modifications and Adjustments
It’s important to note that child support orders can be modified if there is a significant change in the parent’s financial situation. If a parent’s income situation improves or deteriorates, they can file a petition with the court to adjust the child support order accordingly. Regular reviews ensure that the child support amount remains fair and reflects the parent’s current financial status.
In Illinois, making no income or having an indeterminable income does not exempt a parent from their child support obligations. The court employs various methods, including imputing income, lifestyle analysis, and professional evaluations, to estimate the parent’s financial capacity. These measures ensure that the child receives the necessary financial support, prioritizing their well-being regardless of the parent’s financial circumstances. It’s essential for parents to be transparent about their financial situation and seek legal assistance if needed to navigate the complexities of child support calculations. If you need help with pursuing or defending your Illinois child support lawsuit please click the link below contact our Chicago office and speak with one of our experienced family law attorneys https://jacobsonlegalservices.com/!
