I Just Got Laid Off. Can I Stop Paying Child Support?

 Posted on July 27, 2026 in Child Support

One thing that is certain in life is that nothing is certain. You can plan something based on how your life is now, and in five or 10 years from now, you might find that your life is completely different. When you got married, you probably did not picture yourself one day getting a divorce. When you were in the middle of settling your divorce, you probably could not imagine how your life would look today.

Your child support agreement was most likely made based on your income back then. This agreement may no longer suit you if you have recently been laid off from work. Fortunately, your monthly payments could be modified under certain circumstances like the loss of a job. If you have lost your job and have questions about your child support payments, a Kane County, IL child support attorney may be able to clear up a lot of confusion. At Goostree Law Group, we have decades of legal experience, so you can rely on our firm to provide you with strong legal advice and counsel throughout your child support case.

Does the State of Illinois Allow Modifications to Child Support Payments?

According to 750 ILCS 5/510, modifications can be made to child support payments. The law lists certain circumstances under which the child support arrangement can be changed. One of the circumstances is if either parent’s income goes through some substantial change, for example, if he or she has been fired or demoted.

It is important to note that the change to your income typically needs to be involuntary. If you have chosen to quit your job and now you are unemployed, the courts would most likely not consider that a valid reason for a reduction of child support payments.

Can I Start Paying Less Child Support if I Lose My Job?

If you have been ordered to pay a certain amount of child support, you can’t stop paying that amount after a job loss. First, you cannot decide on your own to reduce your child support payments. Just because you have lost your job does not mean you will automatically be allowed to make lower or less frequent payments. However, it is certainly a possibility to get the order modified. The court will need to review your past income and why you are unemployed now. After this review, the court might decide to reduce your child support payments.

The second reason is that the process of being granted a reduction could take some time. If it does, you will need to keep paying your original child support payments until the new order goes into effect.  

Do Unemployment Benefits Count as Income for Child Support?

Unemployment benefits count as income in Illinois. The state uses a formula based on both parents' net income to calculate child support. If you lose your job and start receiving unemployment, that money still counts toward your income. 

This means your support calculation may go down according to the formula, since unemployment checks are usually smaller than a regular paycheck. However, the drop in your support obligation is not automatic. You need to ask the court to review your case and adjust the amount based on your new income.

When Can the Courts Deviate From Standard Child Support Amounts in 2026?

Illinois courts generally follow a standard formula for child support. But judges can deviate from that formula in certain situations. A court may look at the needs of the child, the financial resources of both parents, and any special medical or educational expenses. 

Under state law, courts can deviate from standard calculations if it would be "inequitable, unjust, or inappropriate" to apply them. However, the court must also consider the best interests of the child, not just the parents’ convenience.

How Can You Make a Case for a Reduction in Child Support?

To ask for a reduction in child support, you need to show the court that your job loss was a substantial change in circumstances. This means proving the loss was real, ongoing, and not something you caused on purpose. Courts want to see that you lost your job in good faith. You should gather documents that show your new financial situation, including:

• Layoff notices or termination letters

• Recent pay stubs and income statements

• Unemployment benefit records

• Job search records showing you are looking for new work

• Bills and receipts showing your monthly expenses

The more proof you provide, the stronger your case will be. Courts are more likely to approve a reduction when they see clear, honest documentation.

What Happens if I Fall Behind on Child Support Payments in Illinois?

Falling behind on child support can lead to serious problems. Illinois courts can enforce unpaid support through wage garnishment, tax refund interception, or even license suspension. A parent who falls far behind can face contempt of court. This can mean fines or even jail time in some cases. 

That is why it is so important to act quickly if you lose your job. Waiting too long to ask for a modification can allow missed payments to pile up. Once you owe back support, that debt does not go away, even if your income later improves. The best step is to file for a modification as soon as possible after a job loss, rather than falling behind first and dealing with the consequences later.

It is also important to know that back child support, sometimes called arrears, keeps growing until it is paid off. Interest can add up on unpaid amounts, making the debt even larger over time. If you are struggling to keep up with payments, talking to a family law attorney early can help you protect your standing with the court. 

Contact a St. Charles, IL Divorce Lawyer

If you have lost your job and are worried about how you will continue making your child support payments, an experienced Wheaton, IL child support attorney can advise you of your options. At Goostree Law Group, we offer free consultations, so call us at 630-584-4800 today.