Child Support and the Governmental Shutdown

A federal government shutdown creates financial uncertainty for everyone, especially for families relying on timely payments. For parents receiving or paying support, there are a lot of questions and uncertainty. Simply because the federal government is shut down does not mean that the Illinois Courts are. And importantly, during this time, children still have needs and bills still have to get paid.

Here are the 10 most common questions I have answered about governmental shutdowns and child support over the last 20 years. None of what follows is legal advice.

Guide to Governmental Shutdown and Child Support For Paying Parents (Obligors)

Q1: Does a government shutdown legally stop my child support payments?

A: No. Your court-ordered obligation to pay child support remains in effect regardless of a government shutdown or any temporary job loss you may experience. The order does not pause or terminate automatically. This is because there is not a way for your employer to notify the court or change the court’s order for you.

Q2: I’m a federal employee and I’m being furloughed. Am I still responsible for my payments?

A: Yes. You are still legally responsible for the full amount of support. However, Congress typically passes legislation that ensures retroactive pay once the shutdown ends. If you are not going to get paid for your furlough, then you will need to notify the Court that you are not getting paid unless you make your payments during your furlough. You are still responsible for the payments until the court order is changed.

Q3: What’s the best thing I can do if I lose my income during the shutdown?

A: Communicate and pay what you can. Contact the receiving parent to discuss a temporary arrangement. Even small, partial payments demonstrate good faith and can help limit the accumulation of arrears (past due support). You can be assessed interest on the arrears, and if they get too large, face very serious consequences. Many banks and credit unions that serve governmental employees are offering government workers short term 0% loans while the shutdown lasts. If you take a loan, you should pay your support. If you get your back wages, you should pay the entire amount if full when you do.

Q4: Can I modify my child support order due to the shutdown?

A: It depends on the length. Modification (changing the court order) is generally reserved for substantial, long-term changes in income, not temporary hardships. However, if the shutdown is prolonged, or if you believe the change will be long-term, you should immediately file a Petition to Modify Child Support with the court. Note: A court can only change the amount owed from the date you file the petition forward, not retroactively. And it can backfire — if your support was based on a lower wages several years ago, when you resume working, your support may increase.

Q5: Will my wage garnishment stop during the shutdown if I’m a federal worker?

A: Probably Yes, temporarily. If you are a federal employee whose agency is furloughed, the federal payroll system will stop processing paychecks, and therefore, garnishment will likely halt for the duration of the unpaid period. You must plan to make these payments yourself via the State Disbursement Unit (SDU) to avoid arrears.

Guide to the Governmental Shutdown and Child Support for Receiving Parents (obligees)

Q6: Will I still receive my child support payment if the payer works for the federal government?

A: It depends on the payment method but in Illinois, most child support is garnished from pay. This means if there is no pay, there is no money to take to pay you. If the paying parent gets back pay, it may be withheld from the back pay so that you get a large sum when the shutdown ends.

Q7: Will the Illinois State Disbursement Unit (SDU) stop processing payments during a federal shutdown?

A: No. The Illinois Child Support system (administered by the state, not the federal government) is expected to continue processing payments already collected. Funds should still be disbursed to you.

Q8: Will I lose my other state benefits (like SNAP or WIC) due to the shutdown?

A: Initial benefits are generally safe, but long shutdowns cause problems. Programs like SNAP and WIC often rely on federal grants. While Illinois may have funds to cover the first few weeks, a prolonged shutdown could deplete state funds, threatening services and benefits.

Q9: Can I ask the court to penalize my ex-spouse immediately for non-payment during the shutdown?

A: Not typically. If the non-payment is directly caused by a temporary federal furlough, courts are generally understanding, especially since the paying parent is legally entitled to retroactive pay. The focus should be on documentation and communication, not immediate penalties.

Q10: What should I do if the paying parent loses their job and stops paying?

A: Monitor and document. Keep records of missed payments. If the loss of income appears to be a long-term issue (not just a short shutdown), the paying parent has an obligation to file for a modification. If they don’t, you may need to file an enforcement action or a modification petition yourself. Be aware, if the shutdown is prolonged, the States’ Attorney and Attorney Generals’ offices will get overwhelmed with requests and they will get backlogged.

I no longer take child support enforcement, modification or non-payment cases.  My practice and passion focus on uncontested and peaceful divorces. Here are some additional resources for parents during this time:

1.  Enforcement for parents who live in Illinois with Illinois Court Orders: https://hfs.illinois.gov/childsupport/parents/applications.html
2. Land of Lincoln Guide for Changing Child Support: https://www.illinoislegalaid.org/legal-information/child-support-modification
3. Navy Federal Credit Union Loans: https://www.navyfederal.org/
4. USAA Loans: https://www.usaa.com/support/government-shutdown-program/?akredirect=true
5. Scott Credit Union Loans: https://www.scu.org/loans/#:~:text=Scott%20Credit%20Union%20is%20there,SCU%20member%20in%20good%20standing

Disclaimer: This post is not legal advice. If you need legal advice, you will need to retain a lawyer. My office DOES NOT take child support cases.