Do I Have to Pay Child Support If I Am Unemployed?

February 6th, 2020 by Tiffany Hughes

Losing your job can be devastating and extremely stressful. If you have recently lost your job and are now unemployed, your current child support order will not automatically go away. You will still be required to make your monthly child support payments, and if you stop paying child support, the debt will accrue, commonly called “child support arrearages”. You cannot get rid of child support arrearages by filing bankruptcy and you cannot reduce your child support arrearages later on.

Can I Lower My Child Support?

If you have lost your job, you need to request a modification of your child support obligation from the court immediately. Even though the courts are temporarily closed due to COVID-19, you still need to request that your child support obligation be modified right away, as the court will retroactively apply your lower child support obligation to the date you filed for the modification. If you do not request a modification from the court, you will still be obligated to pay your monthly child support, even though you are no longer working. You should discuss your current circumstances with an attorney who can help you seek to lower your child support obligation to as low as $50.00 per month until you obtain new employment.

How Long Will the Modified Child Support Last For?

Your reduced child support will be temporary. The Court will require you to seek new employment and can even order you to maintain a job diary documenting your job applications and weekly attempts to find a new job. You can seek a permanent child support reduction if you can no longer work due to a disability.

Can I Lower My Child Support If I Voluntarily Quit My Job?

If you voluntarily quit your job and are now unemployed, the court will typically not allow you to lower you child support obligation, as you are obligated to provide financial support for your minor child. However, you should still contact The Law Office of Tiffany Hughes to discuss your circumstances, as our attorneys may be able to determine another way of lowering your child support in court.

Call Us Today

If you have lost your job, the attorneys at The Law Office of Tiffany Hughes are here to help. Our legal team has vast experience handling child support modifications and can start the process to lower your child support today. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you lower your child support in Chicago and its surrounding areas, contact us to schedule your complementary consultation today at 773-893-0228.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.