Can I Stop Paying Child Support if I Get Laid Off?

 Posted on January 10, 2024 in Child Support

One of the best-known facts of life is that things change. For better or for worse, you can plan something for your future and then find that your situation is extremely different just a few years later and your plans are no longer relevant. The same is true for plans made as part of a divorce settlement

You might have been gainfully employed at the time of your divorce and have committed to pay a certain sum in child support. The amount that would make a huge difference in your ex’s ability to cover childcare costs might not have even been something you considered a lot at the time. However, if you are unexpectedly laid off from your job and suddenly find yourself nervous that you might not be able to cover your monthly expenses, things can become more complicated. If you pay child support and have lost your job, you should speak with an experienced Wheaton, IL child support attorney to help you make sense of a confusing situation.

Is It Possible To Change Your Child Support Agreement?

The State of Illinois allows for child support arrangements to be modified. If specific criteria are met, the arrangement that was initially agreed on in the divorce settlement can be changed. One common reason for child support modifications is that the income of the paying parent has suddenly deteriorated. However, this change must be involuntary for a modification to be granted. If the paying spouse quits their job, this would not fall under reasonable grounds for a modification.

If I Involuntarily Lose My Job, Can I Just Stop Paying Child Support?

No one can decide on their own to stop paying or pay less child support than was agreed on in the divorce settlement. While there is certainly a good chance that getting laid off would mean the court would grant you some sort of modification, you need to wait till that notification is granted before you make any changes to the way you pay child support. When you experience involuntary changes to your income, the court will want to review all the details, including what you were earning at the time of your settlement and what you are earning now.

Even if you have an excellent case for reducing or otherwise modifying your payment of child support, you will need to be patient. The process can take some time and you need to understand that you must keep paying as originally agreed until you receive court approval otherwise

Schedule a Free Consultation with a DuPage County, IL Child Support Lawyer

If your income is much lower than it was when you originally got divorced, you might feel compelled to stop paying the amount you had agreed to pay in child support at that time. However, making a one-sided decision like this could end up giving you a great deal of trouble down the line. If you got laid off from your job and need to pay less child support, a compassionate Wheaton, IL child support attorney can guide you through the process.