You know both parents have the responsibility to provide financial support for their children and, in a perfect world, you are more than willing to do your part. However, your circumstances can abruptly change or other developments in your life may render you unable to afford child support. In such a situation, you probably understand the consequences for non-payment are harsh. Illinois actually defines the failure to fulfill child support as a Class A Misdemeanor under certain circumstances, which comes with a punishment of jail time and a fine and your driver’s license could be suspended.
As such, you certainly want to know what you should do if you cannot pay your child support obligation. The good news is there are legal options available, but the process can be complicated. You should count on a Chicago child support attorney to assist with the specifics, and educate you on some general information regarding child support law.
Grounds for Modifying Child Support
As you probably recall from your initial order on child support, the amount you must pay is based upon multiple factors. Each parent’s income and the needs of the child are key factors – as is parenting time. When parents share roughly 50-50 time with the child, the payor’s support obligation will be lower when the percentage is lopsided.
These factors can fluctuate over time, so Illinois allows for modifications to child support orders. The law requires there must be a substantial change in circumstances, which typically means something which has affected the payor, the recipient, or the child. Examples that may justify an increase or decrease of child support may include:
- The paying parent loses his/her job
- A change in parenting time;
- Emancipation of a child;
- The payor suffers a disabling medical condition; or,
- The needs of the child change.
How Modification of Child Support Works
If your child support order was issued by a court, such as through divorce or parentage proceedings, you must file a motion to modify the arrangement. You must request modification in writing if your child support order came from the Illinois Department of Healthcare and Family Services (HFS).
In either case, you must have strong evidence of the substantial change in circumstances, which led to your inability to pay. You should also note your obligation to pay continues until a new child support order is entered by the court or HFS. Failure to comply could result in criminal charges, in addition to your requirement to pay the outstanding balance with interest.
Speak to a Chicago Child Support Lawyer About Your Circumstances
If you have run into difficult financial times and cannot pay your court-ordered child support, disregarding your legal obligations is never the best option. You will face potential criminal charges or civil sanctions, so it is wise to work with an experienced attorney in connection with the judicial and/or administrative modification process. To learn more about how our team can assist with your circumstances, please contact Michael C. Craven in Chicago, IL. You can schedule a consultation at our offices by calling (312) 621-5234 or checking out our website.
