In Illinois spousal support disputes, courts often consider more than just your current income. They also look at what you could realistically earn. This is known as your “earning capacity,” and it plays a big role when there’s a big gap between what someone makes and what they could be making.
How courts define earning capacity
Earning capacity is your potential to earn income based on your education, work history, job skills, and local job market. If you have a degree or professional license but work in a lower-paying job, a judge might decide you could be earning more. In that case, support calculations may be based on your potential income, not your actual wages.
Why earning capacity matters in disputes
Earning capacity helps the court decide whether someone is trying to avoid paying or receiving fair support. If a person is unemployed or underemployed by choice, the court might impute income to them. That means the court pretends they earn a reasonable salary based on their background and uses that number to calculate support.
Common examples where it’s used
Let’s say you left a high-paying job to work part-time without a strong reason. Or maybe you have the ability to work full-time but choose not to. In these cases, the court may decide you’re not using your full earning capacity and adjust support accordingly. It also works the other way. If your spouse claims you earn less to avoid paying more, earning capacity helps prevent unfair outcomes.
How you can prepare
If earning capacity might come up in your case, gather documents that show your education, work experience, and any reasons you’re not working at full capacity. The more clearly you show your situation, the better the court can evaluate your position fairly.