I Got Laid Off. Do I Still Need to Pay Child Support?

 Posted on June 09, 2026 in Child Support

Losing your job doesn't automatically eliminate your child support obligation. Until a court officially changes your order, you're still legally required to pay the full amount.

If you were recently let go and are obligated to make child support payments in 2026, the next step for you is to get back in contact with the court and request that they lower the amount you are ordered to pay. A DuPage County, IL child support lawyer can help you through the process.

Why Does Illinois Child Support Not Automatically Stop if I Lose My Job?

Child support doesn’t stop automatically because a child’s financial needs aren’t reduced by outside events like a job loss. Courts must also verify that the job loss is genuine. Some parents may voluntarily not work in hopes of avoiding making child support payments. Courts prioritize the financial well-being of children with separated parents and will not support one parent opting not to work. If a court suspects that a parent isn’t working when they could be, the court may order a support amount based on what that parent ought to be able to earn (called "imputed" income).

Every month you don't pay support, the unpaid amount adds up as "arrears." Arrears keep building even while you're unemployed. Interest can also be added to what you owe under Illinois law. Arrears generally cannot be forgiven, even in bankruptcy.

Because of this, ignoring your order while you’re unemployed can quickly become a very heavy debt burden. Acting quickly to request a change in your orders can prevent this.

How Do I Lower My Child Support After a Layoff in Illinois?

You lower your child support by filing a petition to modify your support order with the court. A judge can change a support order when there's been a "substantial change in circumstances" (750 ILCS 5/510). A long-term, involuntary job loss usually qualifies. If the court agrees that the change is substantial, it will look at your current income and recalculate support using the state's guidelines.

When you file, the court will want to understand several aspects of your situation, including:

• How much you earned before and after the layoff

• Whether the job loss was voluntary or beyond your control

• What efforts you're making to find new work

• Any savings, severance, or unemployment benefits you're receiving

A modification usually takes effect from the date you file, not the date you lost your job. If you wait months to file, you may still owe the full original support amount for those months. Filing quickly protects you and limits how much you fall behind.

What Happens if I Just Stop Paying Illinois Child Support?

If you stop paying without getting your order changed, the consequences can be severe. Illinois courts provide powerful legal tools to collect back child support.

Possible consequences of falling behind include wage garnishment, where money is taken straight from a future paycheck. In serious, ongoing cases, you may also lose your driver's license or professional license if you have one. The state can also intercept incoming money, such as your tax refund, place liens on your property, and report the debt to credit agencies. In the most serious cases, a parent who willfully refuses to pay can be held in contempt of court and even jailed.

Petitioning the court to change your child support orders isn’t just the right choice because it keeps you from breaking the law. Even if you are able to get employment again fairly quickly, there is no guarantee that you will be making the same amount you were when your original order was given. If you find a job that generates less income than you previously had, you will still likely want to petition the court to lower your order accordingly.

Partial child support payments are generally better than not paying at all. However, they can come with the same risks. Any amount left unpaid will stack up as arrears and may result in legal consequences over the long term.

Call a Naperville, IL Child Support Lawyer Today

A layoff is stressful enough without the fear of falling behind on child support and facing penalties. You have options, and you shouldn’t let the stress of losing your job prevent you from taking advantage of them. Our DuPage County, IL family law attorneys have almost two decades of experience dealing with issues like child support. Attorney Pesce is also Court-approved in DuPage County to serve as a Guardian ad Litem, child's representative, or attorney for the child. He also has qualifications as a Mediator to resolve custody and visitation matters.

If your income has suddenly dropped, contact Pesce Law Group, P.C. at 630-352-2240 today for a free consultation.