If I Get Laid Off, Can I Stop Paying Child Support in Illinois?

 Posted on November 20, 2024 in Child Support

Losing your job can be a very stressful experience. If you have financial obligations like child support, it can be especially overwhelming. While you might want to stop paying when finances are a concern, your child support obligation does not end just because you lost your job.

If you decide on your own to stop making child support payments, there could be severe consequences. A seasoned Wheaton, IL family law attorney can explain what might happen if you stop paying and help you seek court approval to modify your agreement.

What Happens if I Stop Paying Child Support?

In Illinois, child support is typically determined by the court during divorce proceedings. The court order includes the specific amount one parent needs to pay the other to cover costs related to raising their child.

Child support is a legal obligation. If the paying parent experiences financial hardship, for example, due to getting fired or laid off, there are ways to request a modification to the order. However, if you stop doing something that you are ordered to do without court approval to stop, you can face serious consequences, including:

• Wage garnishment: The court can require your employer to automatically take a portion of your paycheck and instead send it to the Illinois Department of Healthcare and Family Services (HFS) or directly to your child’s other parent.

• Accruing arrears: When you do not pay child support, you accumulate back payments, otherwise known as arrears. This debt can accumulate interest, you can face additional penalties, and your credit can be damaged.

• Contempt of court: If you do not pay child support, you could be found in contempt of court. You could face this charge for ignoring a court order, which can result in fines and other penalties. In extreme cases, there could even be jail time.

• Loss of driving privileges: In Illinois, your driver’s license can be suspended if you do not pay child support. This, of course, can make it harder to find or keep a job to earn a living, on top of all the other inconveniences.

What Should I Do if I Cannot Afford My Child Support Payment?

If you lose your job and can no longer afford to make your child support payments, you have options. You might consider pursuing the following possibilities:

• Contact the other parent: If you and your child’s other parent can communicate, inform him or her that you have lost your job and are experiencing financial hardship. They are under no obligation to pause or reduce the payments, but depending on your dynamic, you might be able to come up with some temporary solution. If you do, make sure to put any agreement in writing.

• Request a modification: You can petition the court to modify your child support order if you experience significant financial changes. Getting laid off may qualify. Until the court issues a new, modified order, you must keep paying whatever amount is in your original agreement.

Schedule a Free Consultation with a DuPage County, IL Family Law Attorney

If you have lost your job and are worried about continuing to pay child support, a qualified Wheaton, IL child support lawyer can review your case and explain your options. At Davi Law Group, we are passionate about helping clients in challenging situations move past obstacles to achieve favorable outcomes. Call us at 630-657-5052 to schedule a free consultation so we can understand how best we can help you.