So you have to pay child support and that was all well and fine, until you didn't have a job anymore. This coronavirus issue has sucked for everyone but what does that mean for you now that you are laid off and you can't pay your child support. Well if you don't file anything with the court it means, absolutely nothing. You are still required to pay child support at the amount established. I hear everyone out there going, but I can't afford it, that's not fair, etc. etc.. I get you. But there is one thing that you have to do to change your child support order, file a motion to modify. People don't necessarily think about this when going through something like being laid off or losing a job. The best thing for you to do, however, is to get a motion to modify on file. The courts have the discretion to go back to the date of filing and make a modification, however, if you don't have anything on file there is nothing for the court to go back to. Don't get stuck in this rut where the opposing party has filed a Motion for Contempt because you haven't paid child support because you can't, but yet you haven't filed anything. Be proactive.
Now on the flip side. You are the one receiving child support and you have been laid off or lost your job. This is a little trickier to determine if you should file a Motion to Modify Child Support. Child support is dependent on both parties income. Therefore, should one party lose their income or have a drastic reduction, child support could actually go down even if it is your income that decreased. Illinois Health and Family Services has a child support calculator on their website designed to help you determine what child support might be. If you are in this position, please either hire an attorney before filing or check this website. You need to know what is in your best interests and what your plan should be moving forward.
Now, either side you are on, I never advise going it alone. Contact an attorney that can help you with your child support issues. There are many factors that go into determining child support and we are here to help you through this time.
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