How Is Child Support Affected by Job Loss in Illinois?

 Posted on December 06, 2023 in Family Law Blog

No matter what the specific circumstances are, a couple going through a divorce will have several issues they need to work out and come to agreement about. When the couple has children, figuring out the division of parental responsibilities and costs can become one of the most complicated issues to settle.

These agreements are generally reached based on the circumstances of the couple at the time of the divorce settlement. However, circumstances can change and affect one’s ability to fulfill their obligations. If you are a parent who needs to pay child support and changed circumstances make it hard for you to do so, a Lombard, IL divorce lawyer can help guide you towards a more reasonable arrangement.

Can Child Support Arrangements Be Changed in Illinois?

If your divorce settlement includes the fact that you pay child support, it is likely that at the time of the divorce, you had stable employment and income. But what happens if you lose your job and can no longer afford to make those payments? Will you be obligated to keep paying even if it would harm your personal finances?

According to Illinois State Law, there are several reasons why child support arrangements could be modified. One of these reasons is an involuntary, unexpected change to either parent’s income. If you are laid off or fired, this would definitely be considered a reason to appeal for a modified child support arrangement. If you have quit or retired, this would not be considered a valid reason.

It is important to note that even if you would have valid grounds for decreasing or otherwise changing your current child support arrangement, you can not simply change or stop your payments by deciding to do so on your own, for a couple of reasons. First, even though job loss would be reasonable grounds for modifying your child support arrangement, it is something that a court needs to decide officially. When your circumstances change, you need to inform the court of these new developments, and the court will start the process of reviewing and comparing your finances at the time of the divorce and what your financial situation is now. Second, it can take a lot of time for the court to finalize a modification. You are legally required to continue paying whatever was originally agreed. When a modification is granted, it is applied retroactively, but you can not stop paying what you are supposed to be paying until you are granted a modification.

Contact a DuPage County, IL Child Support Modification Attorney

If you are newly unemployed and worried about how you will maintain your current child support payments, an experienced Wheaton, IL divorce lawyer can walk you through the process of modifying your arrangement. Please call A. Traub & Associates at 630-426-0196 to start getting answers to your questions.