Parties divorced and divided husband’s pension between them. The parties had three children. Husband was ordered to pay child support to wife.
Husband later retired. He filed a motion to reduce his child support payment. Upon retirement, he received a monthly amount from his pension.
Husband argued that the pension division was included in the property settlement. The monthly payments should not be considered any part of his net income.
Wife filed a petition to increase husband’s child support payments. He had a job from which he earned income. She argued that this should be added to the monthly income from his pension.
The court stated that monies received from the pension were to be considered income. Child support was to be determined from his net income. Husband appealed.
The Appellate Court agreed with the trial court. The court stated that income has a broad definition. It is any form of periodic payment to an individual. This is regardless of source. It includes, but is not limited to: wages, salary, commission, compensation as an independent contractor, worker’s compensation, disability, annuity, and retirement benefits.
IRMO Klomps, 286 Ill. 710
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