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  1. #1
    Join Date
    Nov 2012
    Posts
    2

    Default My Ex is Self Employed and Not Working More Than 5 Hours a Week to Not Pay Me

    My question involves child support in the State of: Illinois.

    My ex and I have one child who is 6 and now in school full time. Several months ago, he told me that he was going to ask for a modification in child support of $300 because he had "made" less income last year. My ex lives mostly off of a trust and investments and is an attorney- but choses to work 5 hours a week, if that. His income from being a self employed attorney was $30,000k while his investments tend to net him $6000 a month. We share custody 60/40 and he petioned me to go back to work, which I now do full time. Can he chose NOT to work to not pay me? I know he is purposely choosing not to work and take on clients because he has told me he doesn't want to pay me. He used to use the excuse that he had to care for our child part time when they were younger, but now that our child is in school, clearly he can work.

    He has filed pro-se and I have filled with my attorneys. Is it likely that the judge would decrease child support considering his circumstances? Or could the judge FINALLY make him show a job diary, etc. as to why he has not made major income even though he is able to work, he choses not to because of the trust.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: My Ex is Self Employed and Not Working More Than 5 Hours a Week to Not Pay Me

    No. He will be imputed a reasonable income based on his education and past employment.

  3. #3
    Join Date
    Nov 2012
    Posts
    2

    Default Re: My Ex is Self Employed and Not Working More Than 5 Hours a Week to Not Pay Me

    Christina,

    Thank you for your reply. He just went to court today and the judge wasn't in. Is there ANY chance that the judge could drop my child support by $300 a month? It's at the point that I am now working full time, making about the same as him, but I am working- while he is collecting mostly money from investments.

    Could the judge tell him now that our child is in school full time that he has to work more and order an increase because of his constant refusal to work more than a few hours a week?

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: My Ex is Self Employed and Not Working More Than 5 Hours a Week to Not Pay Me

    Honestly, if you can imagine it, a judge can say/do it. I don't find it *likely* that the judge will reduce your child support (or if so, by much) but if your ex gives a great sob story and you can't refute it, (btw why weren't you there today as well? you do have a right to be present at hearings regarding issues that affect you...except for maybe a Grand Jury hearing!) who knows what they judge may do?

    I find it far more likely that yes, the judge will tell him to get off his butt and work more.

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