What Happens When I Cannot Afford My Child Support Payments?

 Posted on September 18, 2019 in Child Support

Many parents do not realize the amount of money it actually takes to raise a child. When child support payments become a part of your monthly expenses, you may find yourself in a financial predicament. Child support is designed to help a child with unmarried or divorced unmarried parents to enjoy the same quality of life that he or she would have with married parents. In Illinois, child support amounts are determined by analyzing each parent’s income, employment, health, and other factors. If you cannot afford your court-ordered child support, read on to learn about what your next steps should be.

Never Stop Child Support Payments Without Notification

Illinois takes child support nonpayment very seriously. If you cannot afford your child support, never simply stop payments. Missing payments or paying only partial amounts can result in significant negative consequences. Parents who fail to pay their support payments in Illinois can have their wages or bank accounts garnished, tax returns intercepted, a lien placed against their property, and their driver’s license suspended or revoked. In severe cases of child support nonpayment, parents can face passport denial and even criminal prosecution. Parents who own $5000 or more in past-due support can also have their name and photograph posted on the “Illinois Deadbeat Parent” website.

File a Request for a Child Support Modification

If you are a parent who cannot afford your current support obligation, your first step should be to notify the person who receives your support. Next, file a “Petition to Modify Support,” with the county court. Modifications to child support obligations are only granted if there is a good reason for the court to change the order.

For example, if you have just been laid off at work, you may qualify for a reduced amount, as long as you are actively looking for new job. You could also be granted a child support modification if you can show that your child’s other parent has a substantial increase in income. Generally, you will need to undergo a review of your finances, employment status, and other relevant information before a modification can be granted. It is possible that you will not be granted a modification. If this is the case, you may be able to file an appeal with the Illinois Division of Child Support Services.

Contact a Naperville Family Law Attorney

Child support is not optional in Illinois. You can face serious consequences by allowing unpaid child support to accumulate. Contact an experienced DuPage County child support lawyer at Pesce Law Group, P.C. to discuss your options today. To schedule a free, confidential consultation, call 630-352-2240.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx