If you have recently been laid off, furloughed or terminated from your employment and you have a child support or maintenance obligation, you may want to consider the filing of a petition to modify those payments. Section 510 of the Illinois Marriage and Dissolution of Marriage Act provides that child support and maintenance may be modified upon a showing of a substantial change in circumstances. However, the modification can only be made retroactive to the date of filing and notice.
No one is certain of the long-term ramifications of the COVID-19 pandemic. The length of a furlough, or layoff, or time between jobs may be longer than initially expected. Complying with court orders is required and regardless of the circumstances, the court can do nothing to reduce the amount that you will ultimately owe until you have a petition on file. Loss of employment under current conditions will most likely be considered a substantial change in circumstances. However, no relief can be granted unless it is asked for. If circumstances do not improve, addressing the issue early may prevent financial catastrophe later. If all improve, the petition can be withdrawn. Do the best you can but protect yourself long-term.
Contact The Stogsdill Law Firm
The process of losing your job is often filled with legal pitfalls and difficulties when you have a support obligation. For dependable legal guidance on a variety of support related issues, contact The Stogsdill Law Firm, P.C. Call our office at [[phone]] and schedule a confidential consultation with a skilled DuPage County family law attorney.