Life is characterized by continuous change, and these fluctuations can have a considerable effect on your financial stability. When such shifts occur, your established child support obligations may no longer accurately reflect your financial circumstances, necessitating a modification to the existing court order. This applies to both increases and decreases in income. Please continue reading to discover the process of requesting a child support modification if you lose your job, and how a determined Peoria County Child Support Lawyer can assist you.
How is Child Support Determined in Illinois?
First and foremost, it’s important to understand that child support is an ongoing, periodic payment typically made by the non-custodial parent for the financial benefit of a child following the end of a marriage or other similar relationship. It serves to cover the child’s living expenses, such as food, clothing, shelter, healthcare, and education. Child support ensures that the child’s basic needs are met.
Illinois calculates child support using an Income Shares Schedule. This establishes basic support obligations based on the parents’ combined adjusted net income and the number of children. However, a judge can deviate from this schedule if it’s not in the child’s best interests. Child support calculations consider several factors, including:
- The child’s age and health
- The child’s needs
- The amount of time each parent spends with the child
- The cost of healthcare
- The cost of childcare
- The financial status of both parents
- The income, debts, and assets of each party
- The child’s education
- The earning capacity of each party
- Voluntary unemployment or underemployment
Can I Stop Paying Child Support if I Lose My Job?
Understanding the process for petitioning the court for a child support modification is imperative for ensuring that the financial support arrangement remains fair and equitable for all parties involved, particularly the child. In Illinois, specific procedures and legal standards govern how such modifications are pursued and granted.
Losing your job does not automatically end your child support obligations. These orders are legally binding and stay in effect until a court changes or terminates them. If your income decreases due to unemployment, it’s vital to act quickly to avoid falling behind on payments and facing potential legal issues. Contact an experienced attorney to help you request a modification of your child support order from the court.
To modify an existing child support order, you must demonstrate a substantial change in financial circumstances that justifies the change. This requires proving that your job loss was not due to your fault and that you are actively seeking new employment opportunities or income sources.
If you are facing any matter relating to child support in Illinois, please don’t hesitate to contact a skilled attorney from Butler Giraudo & Meister, P.C. to discuss your legal rights and options. Connect with our firm today for guidance during these difficult times.
