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

 Posted on February 06,2024 in Child Support

The process of reaching a divorce settlement can be complicated. There are the things both sides know, and there are things that they do not. For one thing, one spouse might be hiding some information from the other. But the truth is that no one can predict the future, and unforeseen changes in the spouses’ lives can make the divorce settlement no longer relevant a few years later. If, for example, one spouse was gainfully employed when the divorce was finalized and agrees to a settlement that includes considerable child support payments, but then that same spouse loses their job, it can confuse matters. If you have lost your job and are concerned you will be unable to make your child support payments, a St. Charles, IL divorce lawyer can guide you through this difficult time.

Child Support Modifications

According to Illinois law, child support arrangements can be modified under certain circumstances. If the paying parent’s income has decreased or stopped unexpectedly, this would generally be considered a reasonable case for child support modification. However, if this change to the parent’s income is voluntary - e.g., if they quit their job - this would not meet the criteria.

But even if you are sure you would be granted a child support modification, you cannot simply decide to pay less or stop paying altogether on your own. You need to appeal for a modification, and only once it is granted can you pay less or stop paying in accordance with whatever the modification is. The court will need to first review all the relevant information, including what your income had been when your divorce was initially settled and what your finances are now.

Contact a Kane County, IL Family Law Attorney

If your circumstances have changed and you do not believe you can afford to keep making the child support payments you initially agreed to pay when you first got divorced, you should speak with an experienced St. Charles, IL divorce lawyer to understand what your options are. Regardless, you must do whatever you can to keep paying as originally agreed until you are granted a modification by the court. If your finances have deteriorated, you should not be forced into debt for these payments. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 so we can begin reviewing your case and advocating compassionately for a modification.