Husband was a farmer. He earned less than $15,000 per year. Wife argued in divorce court that Husband should pay child support based on what he is able to earn. He was in good health.
He can do more, she said. He should not be allowed to pay just from the little that he did earn. She said that her employer was offering him a higher-paying job.
The court said that Husband had supported the family by farming throughout the marriage. There was no evidence to suggest that he acted in bad faith while continuing to farm.
The court noted that Husband did not misrepresent his income or willfully refused to support his children. Otherwise, the court would have set his child support on an amount that husband could earn. Husband showed that he was acting in good faith.
Husband testified that he did not have the equipment to custom spray and custom combine. These were side jobs that he had done in the past. The court allowed him to base his child support on his farming income.
When the supporting parent’s income fluctuates, the court may reasonably average income for the previous three years to determine child support.
The court averaged husband’s income. Husband had been making different amounts of income from farming in the last number of years.
IRMO Bowlby, 338 Ill.App.3d 720.
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