The child support statute does not limit what assets the court can reach. To assure the child support order is satisfied. The husband was sentenced to 73 years in prison for the attempted murder of his wife. And the murder of her boyfriend.
The trial court did not order child support as husband had no income in prison. The court did not believe that it could order support from his non-marital assets. Wife appealed.
The appellate court did not agree. It said that the court could establish a trust with husband’s non-marital assets. This way the support could be paid month to month. Incarceration of the noncustodial parent does not automatically relieve that parent of the obligation to support his child.
The court should consider all relevant factors. Including the following: (1) the assets of the incarcerated parent. (2) the reason the parent entered prison. (3) the length of incarceration. And (4) the potential for work release.
This court has noted that the trial court’s discretion generally should be guided by this principle. That child support obligations should not be suspended or terminated if the incarcerated, noncustodial parent has available assets.
IRMO Hari, 345 Ill.App.3d 1116.