Anderson & Boback Logo

Court Imputed Income Due to Bad Efforts to Find Employment

Published
Categorized as Child Support, Child Support Modification

In a down economy, divorcing couples are frequently faced with the issue of calculating child support and maintenance based on income that is lower than it had been in previous years. Especially in a long-term marriage, where the income-earning spouse’s income dropped abruptly near the end of the marriage, this can be very frustrating for the spouse who is seeking support. Matters can be complicated if the spouse requesting support also suspects that the earning spouse is deliberately under-employing him or herself or not reporting all of his or her income.

We recently dealt with this issue in a Cook County case taken to trial.  Our firm represented the wife who was seeking a child support calculation based on the husband’s previous six-figure earnings rather his current alleged $20,000 annual income. Based on the testimony and evidence presented, the Court found that the husband was not credible, was under-reporting his income, was capable of earning more income, and was deliberately under employing himself. Thus, it was fair and equitable for the Court to impute more income to the husband–meaning that the Court would use more income than the husband was reporting, to get more child support for the Wife.

Notwithstanding the husband’s bad faith efforts to find employment, the Court did not impute the husband’s six-figure income. The husband, who worked in construction, could more easily defend that this industry has fewer jobs during harder economic times. Nonetheless, based on a well-presented case that demonstrated the history of the husband’s earnings and his current failure to more diligently seek employment, the wife received an increase in support that she otherwise would not.

Was this information helpful?

You May Also Like

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

Unfortunately, there are many negative connotations when it comes to the word “divorce.” Maybe you have personally went through a divorce in the past or maybe you know someone who has. When people think of divorce, it is not uncommon…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose
ANDERSON & BOBACK?

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK?

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870