Spousal support disputes in Illinois often involve the concept of “earning capacity.” Courts consider more than just a person’s current income when deciding support payments. Instead, they evaluate what a spouse could earn based on skills, education, and job opportunities.
How courts determine earning capacity
Illinois courts look at multiple factors to assess earning capacity. These include work history, education, professional skills, and job market conditions. If a spouse is underemployed or unemployed by choice, the court may determine that they could earn more and adjust support accordingly. Expert testimony, such as vocational evaluations, can help establish realistic earning potential.
When earning capacity affects spousal support
Earning capacity becomes important when a spouse claims they cannot support themselves. If they have the ability to earn but choose not to, courts may base support on what they should be making. This prevents one spouse from avoiding work to receive higher payments. Similarly, if a paying spouse earns less than their potential, the court may base support on what they are capable of making.
Intentional unemployment or underemployment
A spouse cannot lower their income to reduce support obligations unfairly. If the court finds that someone is deliberately earning less than they could, it may calculate support based on their earning capacity instead of actual income. This often applies when a high-earning spouse suddenly takes a lower-paying job or quits work without a valid reason.
Adjustments over time
Earning capacity assessments are not permanent. If a spouse’s circumstances change significantly—such as job loss due to factors beyond their control—the court may modify support. However, the spouse must prove that the change was not intentional and that they are making efforts to regain employment.
Illinois courts aim to ensure fairness in spousal support cases by considering earning capacity. This approach prevents manipulation and ensures that support decisions reflect true financial potential.