Husband was ordered to pay child support when the parties divorced. He was not working at the time. The child support was based on imputed income. Or, what he could be earning.

The divorce decree had specific language about the definition of income from which child support would be paid. It said that he was allowed to take amounts from his retirement accounts and not pay child support on those amounts. This was during the time that he was not working.

The issue came down to what he was allowed to take from his retirement accounts. Husband argued that he could take whatever monies he needed to live on. The Judge said it meant he could take money from his retirement to pay his imputed child support, if he needed to. If he took more, it would be counted as additional income.

Disbursements that husband received from his retirement account are simply income when they are paid. The court raised husband’s yearly income based on withdrawals he made from his retirement assets.

The Appellate Court agreed with the trial court. Husband’s withdrawals were treated as income.

IRMO Knauf, 2013 IL App (2d) 120956-U

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