Help! I Cannot Pay My Ordered Child Support

 Posted on December 08, 2022 in Family Law

Prices at grocery stores are multiplying, and you were just laid off. This can be a scary reality for many parents. It can be terrifying to lose your livelihood and have to deal with inflation rates that are higher than they have been in four decades. You may be asking yourself, how in the world will you make your next child support payment? This is especially concerning in light of the fact that being unemployed does not absolve you from your obligation.

File for a Modification Quickly

In Illinois, the courts will only reconsider a child support modification if a parent can demonstrate a substantial change in circumstances to justify a change in child support payments. Unfortunately, inflation alone is not enough. That is because it generally affects the cost of living for both parents. 

The cost of living goes up, but your income remains the same or worse yet, you have lost your job. You should consider petitioning the court for a modification of your child support obligation.

But know that child support payments do not stop or change automatically because you are now unemployed. The court must approve a new child support order. Do not skip any payments in the meantime because you may have to pay them back with interest. You will have to certify your income and expenses. That means a portion of any unemployment benefits you may be receiving can be used toward your child support payments.

If the court determines that there is a substantial change in your circumstances, it will approve the modification. In most cases, the lower payments can be applied back to the date you filed for the change.

Inflation Impacts Both Parents

Either parent can request the court to modify a child support order, but only if they are undergoing a major change in circumstances. If you have primary custody of your child and want to get additional child support to pay for the increased expenses it would be wise to save receipts and documentation. In court, you would need to show how your living expenses are higher, everything from increased childcare costs to grocery store bills that have nearly doubled.  

Also, keep in mind that some employers want to retain their current workforce rather than train new people and they will increase salaries to incentivize workers to stay. This is especially true in this tight labor market. If you become aware that your former spouse received a raise while you are dishing out more money for expenses, you could show the court that there was a substantial change in circumstances that would justify recalculating child support payments.

Contact a Naperville Child Support Attorney

If you are having trouble meeting your child support obligations you need a Bloomingdale child support attorney with experience. At Mevorah & Giglio Law Offices we can try to help you modify your child support order. Call 630-932-9100 for a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm