Facing a Layoff? Request a Child Support Order Modification Right Away

 Posted on June 14, 2016 in Child Support

In today’s uncertain economy, many consider themselves fortunate to be gainfully employed. The possibility of a layoff or other dramatic change, however, always seems to be looming. While the thought of losing your job may be frightening under the best of circumstances, it can be downright devastating if you are already subject to a child support order. A sudden decrease in income may make it impossible for you to meet your obligations, so it is important to know what to do if the worst should happen.

Document Everything

Losing a job through no fault of your own most commonly occurs in situations involving layoffs or a failing business. The family court system, in general, takes a much different view of a layoff than it would of you being fired for absenteeism or gross misconduct. It may not be possible, but if it seems that a layoff could possibly lie ahead, begin documenting any and all available information. Keep notes about potential closing dates, severance packages being offered, or even substantiated rumors. These type of records could prove important if you are eventually laid off and need to prove to the court that you were not fired.

Begin Looking Before It Is Too Late

Once layoffs become a strong possibility, do everything you can to avoid a gap in employment. Start looking for similar jobs in your area—and keep track of your job search. The market will likely be very competitive, particularly if your employer intends to lay off a large number of employees. Even if you do not find another position quickly, you will have shown good faith efforts to reduce the impact of the layoff on your life and ability to pay child support.

File For a Modification

The loss of a job through no fault of your own, in most cases, represents a substantial change in circumstances. This means that, according to the law, you would probably qualify to have your child support order recalculated. A modification, however, will not just happen; you need to request it and be able to show that you have done everything you can to remain compliant with your existing order. It is important to file for a modification quickly, as past-due child support payments will probably need to be satisfied, even if your future payments are reduced. You should also be aware that your obligations are likely to go back up if and when you are able to find new employment.

Child Support Lawyers

If you have recently been laid off or layoffs are pending at your workplace, and you currently pay child support, contact an experienced Lombard family law attorney to discuss your options. At A. Traub & Associates, we know the law and we are prepared to help you protect your rights through all of life’s challenges. Schedule your confidential consultation today by calling 630-426-0196.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000