One thing that is certain in life is that nothing is certain. You can plan something based on how your life is now, and in five or ten years from now, you might find that your life is completely different. When you got married, you probably did not picture yourself one day getting a divorce. When you were in the middle of settling your divorce, you probably could not imagine how your life would look today.
Your child support agreement was most likely made based on your income back then. This agreement may no longer suit you if you have recently been laid off from work. Fortunately, your monthly payments could be modified under certain circumstances like loss of a job. If you have lost your job and have questions about your child support payments, a Kane County, IL child support attorney may be able to clear up a lot of confusion.
Does the State of Illinois Allow Modifications to Child Support Payments?
According to Illinois State Law, modifications can be made to child support payments. The law lists certain circumstances under which the child support arrangement can be changed. One of the circumstances is if either parent’s income goes through some unexpected change, for example, if they have lost their job or gotten demoted.
It is important to note that the change to your income needs to be involuntary. If you have chosen to quit your job and now you are unemployed, the courts would most likely not consider that a valid reason for a reduction of child support payments.
Can I Start Paying Less Child Support if I Lose My Job?
No, for two important reasons. First, you cannot decide on your own to reduce your child support payments. Just because you have lost your job does not mean you will automatically be allowed to make lower or less frequent payments. However, it is certainly a possibility to get the order modified. The court will need to review what your income was when you initially negotiated your agreement and compare it with your current situation. After this review, the court might decide to reduce your child support payments.
The second reason is that the process of being granted a reduction could take some time. If it does, you will need to keep paying your original child support payments until the court has updated you otherwise. The good news is that if the court does grant a reduction, it will apply retroactively on any payments you made from when you first asked for the reduction until it was granted.
Schedule a Free Consultation with a St. Charles, IL Divorce Lawyer
If you have lost your job and are worried about how you will continue making your child support payments, an experienced Wheaton, IL divorce attorney may be able to get those payments reduced. At [[title]], we offer free consultations, so call [phone]] today.