I Just Lost My Job. Can I Stop Paying Child Support in Illinois?

 Posted on January 24, 2024 in Child Support

It is a simple but unavoidable fact that things change. Some things can feel like a good change while others seem like a negative development. Some things can seem either way, depending on your perspective. For example, some people might feel upset at the news of good friends getting a divorce, thinking it is sad that their friends are breaking up. Others might think this is great news since they could see that the couple did not have a happy marriage and now their friends have a chance for a fresh start.

Another example of a major change would be losing a job. When you are gainfully employed, you feel comfortable in your financial stability. When you suddenly lose a job, questions about your financial future can be extremely stressful to consider. However, at least in the case of child support payments, the courts recognize that circumstances change and generally allow for modifications when either spouse can no longer undertake what they agreed to during the original divorce settlement. You cannot simply stop making payments, but there is a clear process to follow. Speak with a Will County, IL child support modification attorney to find out what you should do.

How Can I Modify My Child Support Payments?

The State of Illinois allows for child support modifications if certain conditions are present. For example, if the paying parent’s income is unexpectedly and involuntarily reduced or stopped, this would be considered reasonable grounds for modifying the child support settlement. If someone is demoted, laid off, or fired, this would fall under this category. If they quit their job, this would generally not be considered a valid reason to stop making child support payments as originally agreed.

However, even if you are sure your circumstances would present a valid reason for stopping your payments, you cannot simply stop making those payments of your own volition. While involuntary job loss would make it very likely that the court would grant you a modification, you cannot act on a hypothetical modification until it is made official, following a court review of all the relevant information.

Please note that this process might take some time until your potential modification becomes valid. You need to figure out how to keep maintaining your payments until that happens. If the court decides to grant you a reduction or other type of modification, it will be considered retroactively, applied to all the payments you made from when you appealed for a modification until you finally received it.

Schedule a Free Consultation with a Joliet, IL, Divorce Lawyer

If you are concerned about how changes to your income might affect your ability to make your child support payments, speak with an experienced Will County, IL, divorce attorney to plan your next steps. At Law Offices of Tedone and Morton, P.C., we offer free consultations, so call 815-666-1285 to schedule yours.