Any parent can confirm the fact that having children can get very expensive. Childcare, tuition and other school expenses, and extracurricular fees are just some of the child-related costs parents may encounter.

Many divorced and unmarried parents receive financial assistance from the other parent in the form of child support payments. However, some parents may experience financial difficulties that leave them unable to pay child support. If you or your child’s other parent are currently unemployed or facing another financial hardship, you may wonder how this can influence child support payments. Read on to learn how Illinois courts handle child support when a parent is unemployed and what you should do if you need to modify or enforce your current child support order.

Does a Parent Have to Pay Child Support if They are Unemployed?

A statutory formula determines the amount that a parent pays in child support in Illinois. Both parent’s net incomes are taken into account so that the payment amount is appropriate and reasonably affordable. You  may ask, “If a parent has no income, does that mean that he or she is absolved of his or her child support obligation?” The short answer is no. Unemployment does not automatically terminate or decrease a parent’s child support obligation. However, the parent may be able to reduce his or her child support obligation by successfully petitioning the court for a child support order modification.

It is no surprise that a person’s financial health is often subject to ups and downs, depending on what is going on in society and what is going on in their own personal life. The current COVID-19 pandemic is a perfect example of how significant our finances can be impacted due to circumstances beyond our control. It is situations such as this, where a parent may seek modifications to an existing child support order. Under Illinois law, there are unforeseen circumstances that arise and these can bring forth a need to modify the court-ordered child support that is in place.

When Is an Appropriate Time to Ask for a Child Support Modification?

When a child’s parents are divorced or unmarried, child support is an important means of ensuring that the child’s needs are provided for financially. However, it is not always easy for a paying parent to fulfill his or her obligations, especially in the midst of financial hardship. If you are struggling to pay court-ordered child support for whatever reason, an attorney can help you explore your options and pursue the one that best meets your needs.

Child Support Obligations in Illinois

Since July 2017, basic child support obligations in Illinois have been calculated based on a proportional share of the two parents’ combined net incomes. This often helps to ensure that both parents are treated fairly and that child support obligations do not create an undue financial burden on either party. That said, you may still find it challenging to fulfill your obligation in the months and years following the initial court order.

Whether you are getting a divorce or you are an unmarried parent, child support is an important concern. Of course, you will want to ensure that your children’s basic needs, including food, clothing, and shelter, are provided for. However, raising kids can often include additional expenses for which you may want contributions from the other parent. When you are negotiating or determining a child support agreement, you should think beyond the basics to consider all of these costs that are necessary to maintain your children’s quality of life.

Special Expenses to Consider in Your Child Support Calculations

When calculating child support obligations, the State of Illinois considers the children’s physical and emotional condition, educational needs, and the standard of living the children could have expected if their parents were together. Ensuring that payments meet these standards often requires the inclusion of more than just basic needs. Other common expenses that can be covered through child support include:

When contemplating divorce, you may be concerned about how it will affect your children. Even if you and your spouse have been unhappy for years, you may have put off filing to protect your kids’ feelings. Although you may think this is in the best interests of your children, it is sometimes better to end the marriage. Kids can sense the constant tension and turmoil, which can be detrimental to their emotional well-being. Once a couple decides to divorce, there are many issues that need to be addressed, including the division of marital property, child support, spousal maintenance, and the allocation of parental responsibilities.

Child support payments are court-ordered, but in some cases, a parent may fall behind on payments or fail to pay altogether. Since the other parent relies on this financial assistance to care for the children, it may be necessary to enforce the order. If you are struggling to collect child support payments, a skilled family law attorney can advise you of your legal options.

Enforcing Court Orders

In Illinois, child support services are administered by the Department of Healthcare and Family Services’ (HFS) Division of Child Support Services (DCSS). A child support order, however, is issued by the court and enforceable under penalty of law. Therefore, a parent who fails to pay his or her designated child support can be held in contempt of court. In extreme contempt situations, an obligor who fails to pay child support may be convicted of a Class A misdemeanor, which can result in up to one year in jail.