Can I Change My Child Support Payments if I Lose my Job?
Losing your job or having your salary cut can present you with several financial challenges. If you have been through a divorce and are providing child support, you may be wondering how you will keep your required payments going. When tough times hit, you do have the option to modify your monthly payments to keep providing for your children while adjusting to your new situation. Working with a knowledgeable attorney who can help you through the modification process is helpful.
Child Support Payment Calculations in Illinois
After a divorce, both parents are responsible for providing for their children. This includes their basic needs like food, housing, health, clothing, and education. During the divorce process, formulas are used to calculate how much each spouse should be providing for child support. The level for each parent is determined by combining their total net income and allocating an equitable share to each parent. While they are primarily based on each spouse’s income at the time, they also consider the allocation of parental responsibilities, the number of children, the previous standard of living before the divorce, and the needs of the children. The parent who spends more time and money caring for the children, known as the custodial parent, will typically receive monthly payments from the non-custodial parent.
Seeking a Child Support Modification
Illinois law allows child support payments to be modified when either spouse has a significant change in income. This includes the loss of a job or an involuntary reduction in salary. You will have to certify your new income, including unemployment benefits and your monthly expenses, with the court. Based on the new calculations, the court may grant a reduction in your required monthly payments. The new payments can also be applied retroactively based on the date you applied for the modification. However, you must continue making payments at the current level until the modification is approved or risk being fined.
Modifications can also be requested if there have been other substantial changes in circumstances for you, your ex-spouse, or your children, such as a medical condition that requires new, major medical expenses.
Contact a Will County Divorce Attorney
If you have been impacted by a job loss or another involuntary reduction in pay, it is essential that you know your rights and responsibilities regarding your child support payments. Contact the Joliet child support attorneys at Reeder & Brown, P.C.. We can help you through the child support modification process. Call our office at 815-885-5980 or contact us by email for your free consultation today.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59
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