If you lose your job, there is a chance that you may be able to reduce your monthly child support payment. This is because the amount of your payment is primarily based on your income. Let’s take a closer look at some of the other factors that an Illinois judge might consider when reviewing a request to modify a child support order.
How long will it take to find a new job?
If you don’t expect to be out of work for more than a few weeks, it’s unlikely that you’ll obtain a permanent modification to an existing child support order. Instead, there is a good chance that the judge overseeing your case will issue a temporary injunction. This means that you won’t have to provide any support until you find a new job. Alternatively, the judge may reduce the amount that you must give your child’s custodial parent while unemployed.
Will you receive unemployment benefits?
It isn’t uncommon for non-custodial parents to have their unemployment benefit checks garnished so that they remain in compliance with a child support order. However, the amount that a custodial parent will receive depends on how many other children that you need to provide for. If you have a dependent son or daughter from another relationship, up to half of your paycheck can be garnished. If you have no other children to support, up to 60% of your check can be diverted to your son or daughter’s other parent.
If you have experienced a change in circumstances, it might be in your best interest to request changes to a child support order. An attorney may be able to convince a judge that requiring you to abide by an existing order would likely create an undue financial hardship.