Default and Other Situations in Which Income is Unknown

The statute also addresses the situation in which there are children to support but there is insufficient information, for whatever reason, about the non-custodial parent’s income:

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).

Continuing the trend of expanding child support availability, the appellate court in In re Marriage of Takata, 304 Ill.App.3d 85, 709 N.E.2d 715, 237 Ill.Dec. 460 (2d Dist. 1999), held that when a court cannot determine child support because the payor’s net income is difficult to determine, it may look to the reasonable needs of the child in setting support. The court in those situations need not determine the actual net income of the obligor nor make express findings for varying the statutory guidelines.

See also In re Marriage of Boland, 308 Ill.App.3d 1063, 721 N.E.2d 815, 242 Ill.Dec. 536 (4th Dist. 1999), which allowed a three year average of a farmer’s fluctuating net taxable income plus the three year average of the depreciation he had deducted less the allowable statutory deductions.

In re Marriage of Sweet, 316 Ill.App.3d 101, 735 N.E.2d 1037, 249 Ill.Dec. 212 (2d Dist. 2000), clearly recognized a court’s authority to compel parties to family law proceedings to seek more lucrative employment or to pay support at a level as if they had done so. The case contains an enlightening review of relevant cases in Illinois and in other jurisdictions and also stands for the proposition that, in determining net income, the court may consider the party’s credibility and forthrightness in disclosing income.

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