Can the Loss of a Parent’s Job Affect Child Support? | IL

 Posted on September 26,2024 in Family Law

Suppose you are the parent receiving child support for your three children. The child support check fails to arrive one month, so you call your ex to ask about it.  "Sorry, I lost my job," is the answer you receive. You can almost see the shoulder shrug through the phone. 

How will you continue to support your children without child support? What are your options? The sooner you speak to a knowledgeable Lombard, IL child support attorney from Mevorah & Giglio Law Offices, the quicker the situation can reach a resolution that does not involve depriving your children of the basic necessities.  

Is a Job Loss Reason Enough to Stop Paying Child Support?

The legitimate loss of a job is never a good thing, but some parents who think they are paying too much child support may become unemployed on purpose. Whatever the reason for unemployment, the paying parent should be aware that his or her obligation to pay child support does not end when a job ends. The court still expects the paying parent to continue making regular monthly child support payments until he or she can get a court hearing after requesting a modification of child support.

If no modification is filed, the paying parent risks being held in contempt of court if child support payments do not continue. Further, a back child support balance will accumulate if the payments are not received. This allows the receiving parent to file a Petition for Rule to Show Cause, which tells the judge of the other parent’s failure to meet his or her child support obligations.

If the paying parent has a legitimate reason for failing to pay child support, he or she can defend against the Petition by arguing the court order was not violated on purpose. If the job loss was not deliberate and the paying parent is actively attempting to find employment and support his or her children, there may be a payment adjustment, although missed support payments will likely still be owed.

What if the Paying Parent is Voluntarily Unemployed?

If a family court judge suspects the paying parent is voluntarily unemployed, that parent can be ordered to complete a job search, submitting a specific number of applications before the next court date. When each application is submitted, the parent may be required to request a signature from a manager to prove he or she is actively looking for employment.

Despite unemployment, the court may require the unemployed parent to pay at least $40 per child per month. If the paying parent cannot pay that minimum payment, he or she will need to provide evidence of this. Evidence may include documentation of finances and even witnesses to testify about the parent’s financial situation. Both parents may require a financial affidavit listing monthly expenses and income.

What if the Paying Parent Files for a Child Support Modification?

A modification in child support payments requires a major change in circumstances, such as a significant increase or decrease in monthly income. A successful modification would require income, expenses, and unemployment benefits certification. If the modification is approved, the decreased child support payments could be backdated to the date the modification was requested. It is important that parents paying child support understand that if they choose not to work or fail to try to find a new job after being laid off or fired, the judge may impute income to determine the child support obligation. This means the salary the parent had at his or her prior job, or the typical salary for a person with similar education, training, and job experience, will be used to calculate child support amounts.

Contact a DuPage County, IL Child Support Lawyer

If your ex has stopped paying child support and is claiming unemployment as a reason to do so, it is important that you speak to a Naperville, IL child support lawyer as soon as possible. Mevorah & Giglio Law Offices is a large law firm with more than 175 years of combined experience. We offer a highly client-focused service and frequent communication. Call 630-932-9100 today to schedule your free consultation.