Legal Question in Family Law in Illinois
My husband of 24 years and I had recently decided to divorce. Before we began any legal process, he lost his 6 figure job. He says he can't afford to move out. There are many places he can live for free, such as his parents house. He has been on the couch for 3 months, and its hard on the kids. I want to move forward and continue the process. I am a mom with a part time job. Will a court make a judgement for support based on his past and therefore potential income, or can nothing be decided until he is gainfully employed? He may never find a job at that income level. Shall I proceed or wait?
Thank you
1 Answer from Attorneys
Whether to proceed is a decision only you can make. If he was fired from his job, the court is not going to make him pay according to a salary he is no longer earning and lost through no fault of his own. Let me know if you have any more questions.
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