If you cannot afford to pay child support in accordance with your current agreement, you need to act quickly before you begin missing payments. A backlog of missed payments can quickly add up, and you could end up facing harsh legal penalties if you do not fulfill your obligations. In Illinois, including Peoria and Tazewell Counties, parents are required to continue making support payments unless a court order says otherwise. You should talk to a Peoria County child support lawyer as soon as you can. An attorney from our firm can tell you about your options.
Can I Just Stop Paying Child Support if I Lose Income?
If you find yourself struggling financially and unable to pay child support, you cannot simply stop paying without court approval. Even if you lose your job or have a financial emergency, the court order imposed by the court will remain enforceable unless you receive a modification.
Failing to make payments can result in the accumulation of overdue support, known as arrears, and additional legal penalties in accordance with Illinois law.
As such, you must continue making child support payments in order to avoid facing penalties imposed by the courts.
Potential Penalties for Missing Child Support Payments
- Contempt of court
- Wage garnishment
- Suspension or revocation of a driver’s license
- Liens on property
- Impact on credit score
- Accumulation of interest and arrears
Can I Modify the Child Support Order in Illinois?
Courts in Peoria County and across Illinois understand that substantial life changes can impact a parent’s ability to pay child support in accordance with a court order. As such, if your circumstances have changed considerably, you may be able to seek a modification of your child support order.
In Illinois, the modification of a child support order must proceed through formal court proceedings, though in limited circumstances, these matters may be reviewed by the Illinois Division of Child Support Services (DCSS).
Common Reasons the Court May Approve a Child Support Modification
- Job loss
- Unemployment
- Medical emergencies
- Disability
- Unexpected financial hardship
- Changes in parenting time
- Increased healthcare costs
- Long-term changes that impact earning capacity
Situations That May Not Justify a Modification
- Voluntary unemployment
- Financial mismanagement
- Luxury purchases
- Intentional attempts to avoid financial obligations
- Failure to seek new employment after job loss
What Constitutes a “Substantial Change in Circumstances?”
As mentioned, in Illinois and across the country, the courts will generally only modify an existing court order if there is evidence that a substantial change in circumstances has occurred, impacting the party’s ability to meet the terms of the order. It’s important to understand that the change must have occurred after the original order was entered and must be prolonged. A temporary inconvenience may not be sufficient to warrant a change.
How Does the Child Support Modification Process Work in Illinois?
In Peoria and surrounding Illinois communities, requesting a child support modification generally requires filing formal paperwork and documentation that supports claims of a substantial change. The court reviews your financial circumstances before determining if a modification is necessary and appropriate.
While child support modification procedures are governed by the State of Illinois, local filing requirements may vary slightly by county courts serving Peoria, Tazewell, and other Central Illinois Counties.
Steps to Request a Support Modification
- File a formal petition or motion requesting modification with the appropriate court
- Gather financial records, pay stubs, tax returns, or medical documentation
- Provide proof of job loss or income reduction when possible
- Attend required court hearings
- Continue paying support while the motion is pending
- Comply with all court orders, deadlines, and requests
Documentation That Can Support a Request
- Most recent tax returns
- Employment termination notice from an employer
- Evidence of job searching efforts
- Pay stubs showing a decrease in income
- Medical records and bills
- Monthly expense reports
Contact Our Peoria County Family Law Firm
At Butler, Giraudo & Meister, P.C., we understand how stressful it can be to navigate times of financial hardship. However, when you have a court-ordered support obligation you must take into consideration, these matters may be made even more overwhelming. That is why it is in your best interest to connect with our Peoria County family law firm to assist you through these matters. We can tell you which steps can be taken and how we can help you fight for a fairer agreement. Do not hesitate to contact our team to learn how we can assist you with these matters.
