Behind on Child Support?

April 14, 2025

Falling behind on child support payments can be a stressful and overwhelming experience. Whether due to job loss, financial hardship, or unexpected circumstances, it’s important to understand your options and take proactive steps to address the situation.

What to Do When You Can’t Pay Child Support in Illinois Before You Get Behind on Child Support

File a Petition to Modify Support: If your income has decreased significantly or your circumstances have changed, you have the right to request a modification of your child support order. This involves filing a petition with the court, demonstrating your financial hardship, and requesting a reduction in your support obligation. You have to file your petition as soon as you know you cannot make your payments.

Pay What You Can: Even if you can’t pay the full amount you should pay what you can afford — even if it is $5. Partial payments demonstrate your good faith effort and can help reduce the accumulation of arrears.

Keep Records of Job Search: If job loss is the reason for your inability to pay, meticulously document your job search efforts. Keep track of applications submitted, interviews attended, and any other relevant information. This documentation can be valuable if your case goes before a judge.

Promptly Resume Payments: As soon as you secure new employment, resume your child support payments according to the existing order or any modified amount. Promptly inform the Illinois Department of Healthcare and Family Services (HFS) of your new income and employer information. Alternatively, you can hire an attorney to file a new notice of withholding

Pay Through HFS: In Illinois, child support payments should be made through the State Disbursement Unit (SDU) managed by HFS. This ensures proper documentation and tracking of your payments.

Seek Legal Counsel: If you’re facing significant challenges or feel overwhelmed by the legal process, consulting with an attorney can be invaluable. They can guide you through the modification process, represent you in court, and protect your rights.

Dispelling Common Myths About When You are Behind on Child Support

Myth 1: Your Ex Can Withhold Parenting Time

Even if you’re behind on child support, your ex-spouse cannot legally deny you your court-ordered parenting time. These are separate issues, and withholding parenting time is not a remedy for missed payments.

Myth 2: There Are No Consequences:

Failing to pay child support can have serious repercussions. You could face wage garnishment, liens on your property, suspension of your driver’s license, passport denial, or even jail time for contempt of court.

Myth 3: Support Automatically Adjusts with New Employment:

While your child support obligation may change with new income, it won’t happen without a new Court Order. In other words, your child support amount stays the same until a Judge modifies it.

Myth 4: Your new employer will withhold child support automatically

Your employer needs to be notified through a Notice of Withholding to deduct support from your paycheck. Until then, you have to pay your support through the SDU.

If you are Behind Or Lost Your Job:

Communication is Key: If you’re struggling to make payments, communicate with your ex-spouse or their attorney. Open and honest communication can sometimes lead to temporary agreements or alternative arrangements.

Focus on Your Child’s Well-being: While financial difficulties are challenging, remember that your child’s needs are paramount. Do everything in your power to provide for them, even if it means seeking temporary assistance or exploring alternative payment options.

File your Petition to Modify Child Support Immediately: the court cannot lower the child support payments you have missed. The court can only modify future child support payments.

FAQ: What to Do When You Can’t Pay Child Support in Illinois

Q1: What should I do if I know I’m going to have trouble making my child support payments?

A: The most important thing is to act quickly. You should file a Petition to Modify Support with the court as soon as you anticipate a significant change in your income or circumstances. This is how you formally request a change in the amount you owe.

Q2: Will my child support payments automatically decrease if I lose my job or my income goes down?

A: No, your child support obligation will not automatically change. You must obtain a new court order to modify the support amount. That is why it is so important to file a Petition to Modify Support as soon as you know you cannot make your payments — this is because no one notifies the Court and the Court is the only entity that can change your child support.

Q3: What happens if I fall behind on child support?

A: Falling behind on child support can have serious consequences. You could face wage garnishment, property liens, driver’s license suspension, and other legal actions. It is important to pay what you can to show good faith and to file a petition to modify as soon as possible.

Q4: Can my ex-spouse deny me parenting time if I’m behind on child support?

A: No, your ex-spouse cannot legally withhold parenting time, even if you are behind on child support payments. These are separate legal issues.

Seeking Help and Support

I no longer handle child support cases. I am happy to refer you to attorneys who do.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal options.