If you have been through a divorce and have children, you may be the recipient of child support payments, or you may be the one making the payments. The initial payment arrangement is either agreed to during the divorce process or through a court order by a judge ruling on the issue. It is based on certain factors, including the combined income of the two parents, how many children are being supported, and local cost of living charts. However, the courts recognize that living situations can change post-divorce. Child support modifications are available for many changes in post-divorce circumstances, and employment status is one such circumstance.
If the parent making the payments loses their job, they can request a temporary reduction through the court in the amount they have to pay. Either parent can petition the court for a child support modification to change the original order. If the job loss was due to being laid off, being fired, or if they are unable to work due to factors outside of their control, the court is more likely to grant a modification request. However, if the child support payor voluntarily left their job and has not been making a concerted effort to regain employment, or willingly took a substantial pay cut, the court may deny the request. It is important to attempt to keep making the payments previously ordered by the court in the divorce case until the modification has been approved by a new court order.
The same factors are considered if the parent receiving the child support payments loses their job. They can request a modification to increase the payments they receive to offset their lost income, but, again, the court will look at the reasons for the job loss or pay cut, as well as look at their employment search Efforts.
Job loss or significant reduction in income is just one of the circumstances that could result in a modification in child support. No matter what the reason, it is always best to have an experienced family law attorney working on your behalf for any child support modification petitions.
Contact Our Hillside Child Support Lawyer
If you need to request a change in the child support payments you receive, or if your ex has lost their job and is seeking to modify their payments, [[title]] can advocate for your best interests in the child support modification process. Contact our Oak Park post-divorce modifications attorney at [[phone]] or by email, to schedule a free consultation.
Sources:
https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf