Do I Still Pay Child Support if I Got Laid Off?

 Posted on June 28, 2023 in Family Law

When the Illinois economy slows down, the pace of layoffs accelerates throughout the state. It can become very difficult to keep up with your child support obligations when you do not have your full income. However, child support is ordered by a court, and unless the court changes your child support obligations, you would still need to pay as obligated.

The Court May Modify Your Child Support

The court may order a reduction in the child support that you pay if you can prove that you have suffered a significant cut in your income. If you are out of work for any extended period of time, you should file a motion to reduce child support with the court. The judge may order lowered child support. 

Courts often take a different view if the paying parent is fired from their job with cause. Then, judges often deny a request to modify child support. 

Once you find a job again, the other parent may file a motion to modify to raise child support to reflect your new income. However, that modification would not be retroactive to cover the reduced payments. 

You Would Still Need to Pay Child Support

Until the court modifies child support, you will be responsible for the amount that is specified in the court order. Once the judge changes the order, you would still need to pay something. The new amount of child support may be based on your unemployment payments, severance, and savings that you have.  

Always Do Everything on the Books

It may be tempting to reach a verbal agreement with the other parent to pay lower child support for the time being. However, if the relationship between you and the other parent sours, you may not be protected by any agreement. They may deny that they agreed to lesser child support. Then, you would have to prove that you had an agreement. You are always better off when you go through the courts to modify child support. Do not simply stop paying child support because you could get in serious trouble with the court.

Contact an Arlington Heights Child Support Attorney Today

You will benefit from legal help when you need to modify child support, regardless of whether you are seeking an increase or a reduction. The Arlington Heights family lawyers at A. Traub & Associates can answer your questions and represent you when the court considers your request to modify. You can call us today at 847-749-4182 to discuss your case. 

Source:

https://hfs.illinois.gov/childsupport/parents/faqsnew.html#csmodifications