As a parent, your child's way of life is of the utmost importance. However, if you can no longer provide them with the funds for child support, there's no reason you should be held to a previous standard by a court of law. After a sudden loss of income, you may need to work with a lawyer who can help you file the right forms. In the meantime, use the following guide to learn how to fight for lower child support payments.

What Can I Do to Modify a Child Support Order?

Whether it was the pandemic or a corporate merger that cost you your job, keeping up with child support payments can feel overwhealming. In some cases, you may need the judge to adjust or reduce some of your payments until you get back on your feet. While you will still be responsible for your payments immediately after losing your job, you can apply to have future payments adjusted.

First, you’ll need to call your divorce lawyer and ask them to file a claim with your local child support office. Inform them of the reasons why you can’t afford child support, why you lost your job, and what you plan to do to procure employment. Your lawyer may suggest filing for a modification online, by mail, or bringing the forms directly to family court. 

What Are the Requirements for a Child Support Modification?

In Illinois, certain requirements must be met before child support can be modified. For example, if it’s been three or more years since the last order, you can apply for an adjustment. Another acceptable scenario is if the non-custodial parent has had a substantial change to their income, or lost their income completely.

In the meantime, since child support is still due, the court will take the money out of your unemployment benefits. In the instance that your benefits don’t cover the full amount, you’ll have to cover the difference. If you can’t make your child support payments, the judge will be notified, and penalties may be brought forward. However, the judge will be mainly interested in seeing that you are actively applying for new employment and intend to make up the payments that are in arrears.

If you need help filing for a child support modification, turn to the attorneys at Pepping, Balk, Kincaid & Olson Ltd. of Silvis, IL. They have over 75 years of combined experience and are proud to serve over 2,000 clients a year. With their help, you can work through your payment issues and ensure your child is well-cared for. To learn more about their family law work, visit the website or call (309) 755-5096 to schedule a consultation.