During the COVID-19 pandemic, many businesses have had to lay off or terminate their employees for a period of time in an effort to stop the spread of the virus. Losing your job for any reason can be alarming, especially if you have children. Being unemployed can affect your finances, as well as your mental and emotional health. In addition, if you are a divorced parent, it can impact your ability to pay child support. In Illinois, child support is a legal order made as part of a divorce judgment, and the amount of child support payments is based on the needs of the children, as well as both parents’ financial situations. This type of support is meant to pay for children’s necessities, such as food and clothing. If you have recently lost your job, it is important to understand your rights and responsibilities regarding child support payments according to Illinois law.

What to Do if You Cannot Pay Child Support

Within the state of Illinois, you are required to follow the court's orders regarding payment of child support, regardless of your current circumstances. If you miss any payments while you are unemployed, you will still have to pay them at some point, and interest may be applied to past-due payments. Missing payments could result in significant penalties, including fines, the loss of your driver's license, or even jail time. To save yourself from potential legal trouble, you may be able to receive unemployment benefits that will allow you to meet your obligations, and you can take steps to modify your child support order based on your financial circumstances.

Laws in every state around the country require a parent to contribute to the support of his or her child, regardless of the relationship with the other parent. In many cases, a formal order requiring financial child support from one or both parents may be necessary and appropriate. As family situations and the needs of the child change, however, the terms of an existing arrangement may need to be updated. For this reason, Illinois law permits parents to seek modifications of a child support order.

Existing Child Support Orders

An order of child support is entered by the court on the basis of considerations that exist at the time of the proceeding. Illinois law, in addition to providing an income-based guideline for calculating the amount to be paid, requires the court to look at a number of circumstantial factors related to the child’s needs and the needs and resources of each parent. The court is tasked with balancing such factors in such a way that creates a sustainable support order that provides for the child while considering the parents’ financial situation and requirements.