Increase In Income For Support
Wednesday, December 26th, 2007Father’s change in employment status, which yielded a 130 percent increase in the father’s weekly income, was sufficient to support a petition for modification of the father’s support obligation under 750 ILCS 5/510(a) and required application of the support guidelines found in 750 ILCS 5/50.
Where a trial court’s decision reducing child support is based on a finding of an obligor’s good-faith voluntary change of employment, on appeal the party opposing the motion may attack either the finding the obligor acted in good faith in changing employment or that such a change justified a reduction in child support.
Whether respondent’s conduct leading to the loss of his employment constituted acts of commission or omission, the evidence was deliberate and his discharge was not merely a fortuitous occurrence; under these circumstances, the trial court could properly view his change of employment as “voluntary” and the record supported the trial court’s exercise of its discretion in denying respondent’s petition to modify his support obligation.
If the trial court, upon allowing a petition for modification under this section, finds that a spouse receiving maintenance is appropriately employed, it may reduce maintenance commensurate with her ability to gain financial independence; on the other hand, if the spouse receiving maintenance is able to work but unwilling to obtain appropriate employment and is not making a good faith effort to gain financial independence, it may reduce or discontinue maintenance. Conversely, if the court finds that there is a good reason for her inability to achieve full or partial financial independence, it may continue such maintenance and extend its duration.
If the employment change is voluntary, the change in employment must be made in good faith and not prompted by a desire to avoid one’s child support obligation for modification to be allowed.
Child support payments should be reduced where substantial economic reversals result from an involuntary change or loss of employment.
A good faith, voluntary change in employment which results in reduced financial ability can constitute a substantial change in circumstances justifying a reduction in child support obligation by the court; the test for determining if a decision was made in good faith is whether the change was prompted by a desire to evade financial responsibility for supporting the children or to otherwise jeopardize their interests.
Where the record supported a determination that respondent’s decision to return to college and reduce the hours of his employment was made in good faith and not out of a desire to evade his financial responsibilities, the court did not abuse its discretion in ordering a reduction in his child support payments.
Good faith in a spouse’s voluntary change of employment is not shown where it can be determined that the change has been prompted by a desire to evade financial responsibilities to the supported spouse.
A voluntary, good faith change in employment need not equal or increase the spouse’s income; indeed, substantial reductions may be permissible and do not per se constitute lack of good faith.
Unless good faith is shown, a voluntary termination of employment by a supporting spouse is not considered a material change in circumstances sufficient to warrant abatement or modification of support obligations.
The crucial consideration in determining whether or not voluntary termination of employment by a supporting spouse is sufficient to warrant abatement or modification of support obligations is whether the change in status was prompted by a desire to evade responsibility.
It was within the discretion of the trial court to abate the child support payments on the uncontradicted testimony of the father that he was discharged from his employment and had no other income.