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In re Marriage of Sweet

316 Ill. App. 3d 101 (Ill. App. Ct. 2000)
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In re Marriage of Sweet

60 Citing cases

  1. In re Marriage of Gosney

    394 Ill. App. 3d 1073 (Ill. App. Ct. 2009)   Cited 59 times
    Holding that the trial court may impute income if the parent is voluntarily unemployed

    A child support judgment can be modified only upon a showing of a substantial change in circumstances. In re Marriage of Sweet, 316 Ill. App. 3d 101 (2000). Economic reversals as a result of change in employment or bad investments, if made in good faith, may constitute a material change in circumstances sufficient to warrant modification of a child support order.

  2. Key v. Key (In re Marriage of Key)

    2018 Ill. App. 5th 160104 (Ill. App. Ct. 2018)

    as a change in the noncustodial parent's ability to pay the increased amount. In re Marriage of Sweet, 316 Ill. App. 3d 101, 105, 735 N.E.2d 1037, 1041 (2000). ¶ 50 In 2000, when the Franklin County circuit court made the initial child support order, the trial court awarded $700 in monthly support based upon Daniel's net income.

  3. Lavallais v. Irvin (In re I.I.)

    2016 Ill. App. 160071 (Ill. App. Ct. 2016)   Cited 21 times
    Finding no abuse of discretion when the record showed the trial court heard incredible testimony from the respondent and when documents, such as the father's bank statements, showed he had not disclosed all of his income

    A child support judgment can generally be modified only upon a showing of a substantial change in circumstances. In re Marriage of Sweet , 316 Ill.App.3d 101, 105, 249 Ill.Dec. 212, 735 N.E.2d 1037 (2000) ; see 750 ILCS 5/510(a) (West 2014). "The party seeking the modification must show both a change in the children's needs and in the noncustodial parent's ability to pay."

  4. Lewis v. Lewis

    2015 Ill. App. 122029 (1st Cir. 2015)   Cited 1 times

    In re Marriage of Spircoff, 2011 IL App (1st) 103189, ¶ 11. In In re Marriage of Sweet, 316 Ill. App. 3d 101 (2000), the reviewing court rejected the contention that a trial court is powerless to set child support based on an amount beyond a party's current income. Sweet, 316 Ill. App. 3d at 107.

  5. In re Marriage of Fanady

    2022 Ill. App. 201100 (Ill. App. Ct. 2022)   Cited 1 times

    ¶ 39 "[I]n determining income for child support purposes, the trial court has the authority to compel a party to pay at a level commensurate with his earning potential." In re Marriage of Pratt, 2014 IL App (1st) 130465, ¶ 26 (citing In re Marriage of Sweet, 316 Ill.App.3d 101, 106 (2000)). If present income is uncertain, however, the trial court my impute income to the payor.

  6. Ill. Dep't of Healthcare & Family Servs. ex rel. Slaughter v. Gayles

    2020 Ill. App. 3d 190371 (Ill. App. Ct. 2020)

    The burden of establishing that a substantial change in circumstances has occurred is on the moving party. In re Marriage of Sweet, 316 Ill. App. 3d 101, 105 (2000). We will not disturb a court's ruling on a petition to modify child support absent an abuse of discretion.

  7. Liszka v. Liszka

    2016 Ill. App. 3d 150238 (Ill. App. Ct. 2016)   Cited 47 times
    In Liszka, the trial court imputed $17,500 a month ($210,000 per year) to the payor husband because that was the" 'amount that he was living off of and using.'"

    ¶ 45 If a party is not making a good-faith effort to earn sufficient income, the court may set a support obligation at a level higher than the parent's actual income, as long as the award is appropriate based on the party's skills and experience. In re Marriage of Sweet, 316 Ill.App.3d 101, 107, 249 Ill.Dec. 212, 735 N.E.2d 1037 (2000). "It is well established that courts have the authority to compel parties to pay child support at a level commensurate with their earning potential."

  8. Albert W. v. & Barbara W.

    2015 Ill. App. 150905 (Ill. App. Ct. 2015)

    Brax, 363 Ill. App. 3d at 355 ("An abuse of discretion exists where no reasonable person would agree with the position of the trial court."). ¶ 76 Barbara cites to In re Marriage of Sweet, 316 Ill. App. 3d 101 (2000), for the proposition that whenever a payor becomes "voluntarily underemployed," income is imputed. However, we find that the holding in Sweet is not that simple and, even if it were, we find this case to be factually distinguishable from Sweet.

  9. Lewis v. Lewis

    2015 Ill. App. 122029 (Ill. App. Ct. 2015)

    In re Marriage of Spircoff, 2011 IL App (1st) 103189, ¶ 11. In In re Marriage of Sweet, 316 Ill. App. 3d 101 (2000), the reviewing court rejected the contention that a trial court is powerless to set child support based on an amount beyond a party's current income. Sweet, 316 Ill. App. 3d at 107.

  10. In re Thompson

    2014 Ill. App. 130658 (Ill. App. Ct. 2014)

    With regard to both judgments, a party seeking to decrease his obligations based on a voluntary change in employment must demonstrate that the action was taken in good faith and not to evade financial responsibility. In re Marriage of Sweet, 316 Ill. App. 3d 101, 106 (2000); see also 750 ILCS 5/510(a-5) (West 2012) (listing factors to consider for maintenance). Absent a good faith showing, the voluntary termination of employment does not warrant an abatement of these obligations. Sweet, 316 Ill. App. 3d at 106.