If you have lost your job in Illinois and are currently paying child support, you may be wondering if you are still required to make those payments. Ultimately, losing your job does not automatically stop or reduce your child support obligations. However, there are steps you can take to modify your child support order with the court. If you are seeking legal assistance with this matter or other issues related to divorce or family law, contact a child support attorney today for assistance with requesting a modification of your child support order.

What You Need to Know About Modifying Child Support Orders

One of the key factors involved in determining child support payments is the income of the paying parent. If you have lost your job, your income has likely changed significantly, and it may be difficult or impossible to continue to make the same payments. In Illinois, you can petition the court to modify your child support order if a significant change has taken place, such as losing your job.

To modify your child support order, you will need to file a petition with the court and provide evidence of your change in circumstances. This may include documentation of your job loss, such as a termination letter or an unemployment benefits statement. You will also need to provide information about your income and assets and any other relevant information that may impact your child support obligations. 

When most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent's financial situation and whether they can contribute to their child's college fund. 

If you are a parent and are interested in whether you and your ex-spouse could be required to contribute to your child's college expenses, consider contacting an experienced family law attorney who can help guide you through the process of ensuring you can develop a plan to help support your child so they can receive a college education

What to Know About Child Support and College Expenses

It is well documented that college is very expensive. As stated previously, the court will look at each parent's assets and income when determining how much each parent may be required to pay toward college expenses. In addition, the court will also look at the income and assets of the college student when making these determinations. If it is found that the student can contribute to help pay for their college expenses using their own income or inheritance, they may be ordered to do so. Notably, to standardize the process, Illinois courts use the average cost of a student attending the University of Illinois at Urbana-Champaign as the primary standard for their calculations. Parents will not be ordered to pay a total for a child’s education that exceeds the cost of tuition, room, and board at the UIUC, even if the cost of education at the child’s chosen school far exceeds that of UIUC. 

Losing your job and reliable source of income can turn the world of even the most financially savvy person upside down. This is especially true if you have recently gone through a divorce and have child support payments that need to be kept up with. If you have lost your job, you are likely wondering how you will be able to keep up with these payments. Fortunately, under challenging periods such as after a job loss, it is possible to modify monthly payments so that you can keep up with payments and provide for your children. If you have lost your job and want to inquire about modifying child support payments, contact a knowledgeable attorney to help you through the modification process to ensure your and your child’s needs are protected.

What is the Law in Illinois Regarding Child Support Modifications? 

In Illinois, when a couple with children goes through a divorce, the law stipulates that modifications can be made to child support payments if either spouse experiences a significant change in income, such as losing their job or an involuntary decrease in their salary. The court will examine your updated circumstances and then may move forward with granting a reduction in child support payments. Notably, the newly calculated payments will be retroactively established on the date you requested the modification of your child support payments. During this time, payments must continue to be made at the original level. Once the child support modifications have been approved, you can begin paying the new amount. 

It is important to note that modifications of child support can only be made due to unexpected events, such as losing your job, having your salary significantly reduced, or another substantial change happens to you, your child, or your ex-spouse, such as one of you getting diagnosed with an illness that involves significant medical expenses. Furthermore, you cannot voluntarily quit your job and request a modification in child support payments. 

Illinois law requires both parents to financially support their children. Generally, when parents are not divorced, separated, or never married, this means that one parent pays the other child support. The financial burden of raising children is high and is only expected to get higher, and families rely on child support payments to make essentials such as housing, clothing, and healthcare possible. 

If a parent stops paying child support, the financial burden on the receiving parent and the children can be immediate and overwhelming. It may be tempting to withhold parenting time or make other threats to try to obtain child support, but these strategies may ultimately backfire. Instead, read on to learn about your options for recovering unpaid child support and then contact an Illinois child support recovery attorney for help.  

When is the Law on My Side for Recovering Child Support? 

The first thing you need to do when getting the law on your side when it comes to child support is make sure you have an enforceable child support order. A verbal agreement between parents may have worked when times were good, but without a court-ordered child support order, the law has no teeth. If you do not have a child support order, getting one needs to be your first priority. 

Anyone who is a parent knows that to care for a child is to expect the unexpected. Children are constantly growing, learning, and making mistakes, and their needs are constantly in flux. While child support payments are ordered after a divorce or separation and are meant to cover a child’s basic needs, a sudden change in circumstances can make caring for a child become much more expensive. If you are wondering whether you can petition a court to modify your child support payments to cover new expenses, read this brief overview and contact an Illinois child support attorney. 

Can I Ask for More Child Support if My Child’s Needs Change? 

A child’s needs can suddenly or unexpectedly change for many different reasons. These include, but are not limited to: 

• The child developing a chronic illness

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