I Got Laid Off. Do I Still Need to Pay Child Support?

 Posted on August 21, 2024 in Child Support

Divorce requires parents to arrange how their lives will be impacted by their separation. Will they sell their home, or will one of them keep it? What will happen with their retirement funds? Where will their children live? One of the decisions that is generally made based on the spouses’ circumstances at the time of the divorce is child support. If one parent earns more money and the other parent spends more time taking care of the children, the first parent generally makes child support payments to the other. However, like anything in life, your financial situation can change in a way that you may not have anticipated when you were settling your divorce. If you are the paying parent and have just been laid off, you probably have questions about the child support payments you are expected to make. A knowledgeable Naperville, IL divorce lawyer can give you the answers.

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

Your divorce settlement should be taken seriously, and you need to hold up your end of any agreements. However, in Illinois, you have the option of modifying it. To make a change to your divorce decree, you need to show that circumstances have changed significantly and there are specific conditions for child support arrangements to be changed:

• Is the change in employment voluntary? If you left your job out of your own choice, the fact that you are not working would not qualify as a reason for you to stop making child support payments. If you were laid off or fired, meaning it was not your choice to leave, this could be considered a valid reason to modify your child support arrangement.
• Does the change impact your financial situation? If you are wealthy, as can be demonstrated by your bank statements, or you were given a generous severance package with financial compensation and stock options, it is unlikely that losing your job will affect your child support arrangement. If you did not receive severance and are struggling financially, your unemployment might warrant a modification.

Who Decides If I Can Stop Paying?

It is up to the court to decide if you can change your divorce decree. Even if you have a clear understanding of the conditions you need to meet to be granted a modification and you know without a doubt that you meet them, under no circumstances should you change anything about your child support payments until the court confirms that you can. If you stop paying without being given permission, you could be punished in several ways including:

• Wage garnishment
• Seizure of your bank accounts
• Interception of tax refunds
• Revocation or denial of U.S. passport
• Suspension of driver’s license
• Suspension of professional license
• Being placed in contempt of the court
• Criminal charges

Schedule a Free Consultation with a Naperville, IL Child Support Attorney

If you lost your job and are worried about continuing child support payments, speak with an experienced DuPage County, IL divorce lawyer to understand your options. At Pesce Law Group, P.C., we strive to give our clients all the information they need to help them make informed decisions and get the best outcomes. Call us at 630-352-2240 to schedule a free consultation.