Can I Stop Paying Child Support if I Lost My Job?

 Posted on September 08, 2025 in Child Support

Losing a job can bring sudden financial pressure and uncertainty. Life’s expenses do not stop, and child support obligations continue to add weight to the situation. In Illinois, child support does not pause automatically when employment ends. The obligation remains in place until a court modifies the order.

A knowledgeable DuPage County, IL child support attorney can help you understand your options and guide you through the legal process. Together, we can work toward a solution that reflects your current financial reality while ensuring your children’s needs are met.

Potential Consequences for Stopping Child Support Payments in Illinois Without a Court Order

Failing to make payments without court approval carries serious risks. Under 750 ILCS 5/505, child support obligations remain in effect until the child reaches the age of majority, which is typically 18 but never beyond 19, or the court terminates the order. If payments stop because of job loss, back child support, known as arrears, begins to build. Those arrears cannot be retroactively erased.

Illinois courts take unpaid support very seriously. Consequences can include:

• Wage garnishment: Even if you no longer work at your previous job, once you find new employment, the court can order your new employer to deduct support directly from your paycheck.

• Suspended licenses: Failure to pay can lead to suspension of your driver’s license and even certain professional licenses.

• Contempt of court: Judges can impose fines or, in extreme cases, jail time for parents who ignore their orders.

• Seizure of tax refunds or bank accounts: The Illinois Department of Healthcare and Family Services (HFS) can intercept refunds or place liens on accounts to collect past-due support.

These penalties exist to ensure children receive consistent support, and courts rarely excuse nonpayment unless the legal process for modification is followed.

Can I Change My Child Support Arrangement in Illinois?

Illinois law recognizes that circumstances can change in ways that make it difficult to keep up with the same level of support. Obviously, losing a job can affect your ability to pay.

Under 750 ILCS 5/510, you have the right to petition the court for a modification when there has been a "substantial change in circumstances." However, not all job losses qualify. The court looks closely at whether the loss was voluntary or involuntary and whether you are making real efforts to find work. They also consider whether you have other available sources of income, such as unemployment benefits, severance pay, or freelance earnings. The change must also be significant and ongoing. A short period of reduced hours or a temporary layoff may not be enough to persuade a judge to adjust the obligation.

How To Request a Modification To Child Support in Illinois

The process to legally adjust your obligation involves several steps, and it must be done through the court system or the Illinois Department of Healthcare and Family Services. Steps generally include:

• File a petition for modification: Submit a written request to the same court that issued your original child support order. If your support was set through HFS, you can also request a review through their office.

• Provide documentation: Courts require proof of your current financial situation. This might include termination letters, unemployment benefit statements, bank records, and your most recent tax returns.

• Attend a hearing: A judge will review the evidence and hear from you and your co-parent. The other parent has the right to contest your claim and present their own information about your income or expenses.

• Receive a ruling: If the court agrees that a substantial change occurred, it can reduce your support obligation. The new amount will generally apply from the date you filed your petition, not the date you lost your job.

Until the court approves the modification, the original order remains enforceable. If you cannot afford the full payment, paying as much as possible demonstrates good faith and helps minimize arrears. Just keep in mind that you have to act fast. Contacting an attorney and filing your petition immediately following your job loss is the best option.

Proving a Substantial Change in Circumstances After Losing Work

When a parent seeks a reduction in child support, the court will require strong evidence before altering the order. Illinois uses an income-sharing model outlined in 750 ILCS 5/505(a)(2), and any modification must be supported by proof that your financial position has shifted significantly. Demonstrating that a job loss was not voluntary is essential, and termination letters or company closure notices are often key pieces of evidence. You must also show that unemployment or severance pay is not enough to cover support, and that you are looking for new work or retraining to improve your chances.

If health problems limit your ability to work, medical records can support your case. Courts may still assign you an income if they think you are unemployed or underemployed by choice. Keeping proof of job applications or interviews shows real effort to find work and strengthens your request for modification.

What Happens To Child Support if My Income Improves?

Just as a job loss can justify lowering child support, a new or higher-paying job can lead to an increase. Illinois courts review both parents’ incomes when calculating support. Therefore, a significant improvement in your financial situation may result in your co-parent requesting a modification.

This process works both ways. Either parent can file if circumstances change. Being transparent about your finances and complying with court orders helps you avoid penalties while ensuring your child’s needs remain the priority.

Schedule a Free Consultation With a Wheaton, IL Child Support Attorney Today

If you have concerns about how you will make your next child support payment, you need an experienced legal representative on your side. Attorney Dion U. Davi at Davi Law Group draws on his experience as a former Assistant State’s Attorney in DuPage County and his leadership in both state and local bar associations. He has been honored by Super Lawyers and The National Advocates Top 100, reflecting the respect he has earned in the legal community. Call 630-657-5052 today to speak with a trusted DuPage County, IL child support lawyer who is ready to protect your rights.