What Should I Do If I Cannot Afford Child Support?

 Posted on January 12, 2020 in Kane

When parents get divorced or are unmarried, one parent may be required to pay the other child support in order to share the costs of raising the child. Child support payments can be a considerable expense and sometimes parents may have trouble paying child support. Children have a legal right to receive financial support from both of their parents. If a parent is ordered to pay child support and he or she fails to make payments in full and on time, he or she can face serious civil and even criminal consequences.

Requesting a Child Support Modification

When the court issues a child support order, it is intended to be fair and reasonable based on the parents’ financial circumstances and the child’s needs. However, sometimes those circumstances change and the parents need to change their child support order. In order to be granted a modification to your child support order, you must file a petition for modification with the court. A modification may be granted if a party can show that there has been a “substantial change in circumstances.” Examples of a substantial change in circumstances include:

• A significant increase or decrease in either parent’s income including a parent losing his or her job
• A significant change in the needs of the child such as increased medical expenses
• There has been a major change in parenting time or child custody arrangements
• The payor parent has experienced a significant increase in his or her cost of living
• One of the parents has remarried

Only future child support payments can be modified through a petition for modification. Payments that are past due must be paid in full based on the previous amount established. 

Consequences of Child Support Nonpayment

If you cannot afford your court-ordered child support, never stop payments without notifying the court of your situation. Child support orders are official court orders that are mandatory. Failure to pay child support can result in the non-paying parent being held in contempt of court. The parent my face wage garnishment, property liens, interception of tax returns, driver’s license suspension and more. In some situations, a parent can even be charged with a criminal offense for not paying child support.

Contact a St. Charles Child Support Lawyer

If you are a parent who is having trouble meeting your child support obligations or you need to enforce an existing child support order, contact Mirabella, Kincaid, Frederick & Mirabella, LLC for help. Schedule a confidential consultation with an experienced Kane County family law attorney by calling us at 630-665-7300 today.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm