My Ex Refuses to Work or is Unemployed and I Need Support – What Can I Do?

stack of moneyUnder Illinois statute, both of the parents of a minor child have an obligation to contribute to the support of said minor child. This does not necessarily mean that both parents pay each other child support, it just simply means that both parents need to provide for and contribute towards the support of their minor child. This can be very difficult when your ex is unemployed, and/or refuses to work.

The good news is that the job market has greatly improved over the past few years and finding a job is much easier than it has been in years past. In the event that a party who has an obligation to pay child support or spousal support is unemployed or refuses to work, the party needing support has recourse and can file a Motion for a Job Diary/Monitoring. This motion requests that the Court force the non-working party to seek employment and to maintain a job diary of all attempts at finding same. This may include keeping track of some or all of the following information for each position applied for: the company name, the type of position, the compensation for said position (if known), whether application was made in person, by mail or electronically, the address and phone number of the employer, the date of contact, if an interview was had, etc. The Court can force the person to seek a certain number of jobs per day, or per week, to ensure a good faith search. The Court may also tell someone they must apply in person for all job offerings (although a lot of jobs these days require an online application). There are many ways the Court can use this type of motion to encourage someone to find employment through ensuring the person seeking employment reports their efforts back to the court. In the event that such an order is entered and it is not abided by, the non-complying party may then be held in contempt of court, as a means of enforcement of said order.

Leave a Reply