Government Shutdown 2.0: How It Affects Divorce, Parenting Time, and Support Orders in Illinois

This is the second post in the governmental shutdown series.

A federal government shutdown disrupts more than paychecks. It creates anxiety for families trying to keep their routines and financial obligations on track. For parents in Illinois, especially for those of us living near Scott Air Force Base, those in the middle of a divorce or people co-parenting after a divorce, the questions are immediate: Does the shutdown affect my case? Will the court delay my hearing? What happens if I can’t make support payments? Does my child support go into arrears? What do I do?

 

Here’s what you need to know about how the current government shutdown affects Illinois family law matters and what you can do to stay proactive and calm while it continues.

 

1. The Illinois Courts Are Still Open Despite the Governmental Shutdown

 

The first and most important fact: Illinois state courts are not closed. Federal Courts are closing, but not the Illinois State Courts, as they are funded by the state of Illinois, not the federal government,  Over 99% of divorce cases are filed in state court, and Illinois is no exception. Family law cases, including divorces, parenting time disputes, and child support matters, continue to move forward. Judges and circuit clerks are state employees, not federal, so their offices remain open even when federal agencies shut down.

You can still:

 

• File for divorce or for modification of a parenting plan.
• Appear at hearings or pre-trial conferences.
• Mediate disputes through court-approved mediators.

 

That said, a prolonged federal shutdown can cause indirect slowdowns. If either parent is a federal employee or contractor, income verification and payroll documents may be delayed, which can temporarily complicate support calculations. In this area, the judges all have experience with governmental shutdowns.

 

2. Parenting Time Continues—Even if One Parent Is Furloughed During the Governmental Shutdown

 

Parenting time allocations don’t change automatically during a shutdown. Your existing court order remains in full force. Both parents are expected to follow the schedule as written unless they both agree to adjust it temporarily. In other words, just because one parent is not getting support does not mean that the non-paying parent loses parenting time, In fact, the temporarily furloughed parent might be able to help save some money by replacing before and after school care on a temporary basis.

 

If a parent’s federal job is affected, such as a furlough, reassignment, or required travel once agencies reopen, communication is key. Let the other parent know early if your schedule will need adjustment. Document your interactions to prevent misunderstandings. If you’re finding it hard to communicate without emotionally laden words or interactions, use an AI to help you restructure your thoughts and communications into a neutral, business-like tone. This is not the time to let your anger seep into the conversations.

 

If the furlough has temporarily reduced your income, that does not give you the right to withhold parenting time or skip visits to “save money.” Courts separate financial obligations from parenting responsibilities. And trust me, judges do not like the keep away game and know that the punishment affects not the parent, but the children. Money is adult business; parenting times and being allowed to have a relationship is an integral part of being a good parent and showing your children they are loved.

 

3. Child Support Obligations Don’t Pause Automatically During a Governmental Shutdown

 

If you pay child support, your obligation continues until the court changes it. A government shutdown does not suspend or delay your duty to pay, even if your paycheck stops temporarily.

 

For federal workers whose wages are normally garnished, the garnishment may pause if your agency is not processing payroll. That means you must make payments manually through the Illinois State Disbursement Unit (SDU) to stay current. When the shutdown ends, retroactive pay usually covers missed wages, and garnishments resume. Each federal agency handles it differently, and some will process lump sum back-pay, including child support. For some parents it might mean that they are ahead on support or maintenance. Its much better to be a few hundred dollars ahead than even a single dollar behind.

 

If you anticipate a longer-term income disruption, file a Petition to Modify Child Support immediately. Courts can only change your support from the filing date forward, not retroactively. Waiting can cost you months of additional arrears. This also applies if you are ordered to pay maintenance or alimony. While the Judges know the shutdown is ongoing, what they do not know is which cases are affected. They need the alert of something being filed to know that it is affecting you specifically.

 

One might think in 2025 that the court’s system would also know, but in reality, they do not. If every cased was coded with information like this the filing system would be too cumbersome. The only thing that is known is that payments are recorded when they are received and sent; nothing more and nothing less. No alert happens with the Court when payments stop. This is also because, in part, payments might naturally stop, like when a child graduates from high school or maintenance terminates.

 

4. Maintenance (Spousal Support) and Property Division Issues Could be More Complex

 

If you’re in the middle of a divorce, the shutdown may complicate proof of income or asset valuation—especially if one spouse works for or contracts with the federal government.

 

Judges generally prefer to use the most recent and reliable income information available. If your pay stubs stop during the shutdown, keep documentation of your furlough notice and expected back pay. Once the government reopens, you’ll be able to verify income for final maintenance and child support calculations or property division calculations.

 

Just like child support, maintenance and alimony orders remain enforceable. If you are the paying party and cannot make a payment, communicate with your spouse and attorney right away. Showing good-faith effort by making partial payments, written explanations, or offers to catch up goes a long way with the court later if needed. Judgs dislike when someone does not try or communicate and appreciate effort and attempts.

 

5. Using Mediation During the Shutdown

 

With uncertainty high and stress levels rising, mediation can be a practical and affordable way to resolve disputes while the shutdown drags on. Because mediation in family law happens outside of the courthouse, sessions can continue uninterrupted.

 

Mediation is confidential, guided by a neutral third party, and focused on cooperation. It allows both parents to explore solutions to scheduling, communication, or financial issues without adding more conflict to an already tense time.

 

As I often remind clients, the best mediation outcomes come from understanding why you want something, not just what you want. Furloughs and financial stress can easily inflame conflict. Stepping back to focus on shared goals, like stability for your children, keeps the conversation productive.

 

6. Practical Steps if You’re Affected by the Governmental Shutdown

 

If the shutdown is impacting your income or your ability to co-parent smoothly, here are some concrete steps you can take:

 

• Document Everything. Keep copies of furlough letters, pay stubs, and any communications about delayed wages.
• Communicate Early and Often. Let the other parent know what’s happening and propose realistic temporary adjustments.
• Continue Payments if Possible. Even partial payments show good faith. A payment shows respect of the process; hiding from obligations shows disrespect.
• File Quickly if Needed. A Petition to Modify support only applies from the date it’s filed forward.
• Avoid Rash Decisions. Don’t withhold parenting time or violate orders; the shutdown will end, but contempt findings linger.

 

7. Stay Focused on Long-Term Stability

 

Shutdowns are stressful but temporary. Your court orders, parenting responsibilities, and financial obligations are ongoing. Staying proactive and respectful – whether that means paying what you can, communicating clearly, or choosing to be understanding – protect your family’s stability long after the federal government reopens. This is a bump in the road; if you’re co-parenting this is a short-term problem you can either roll with or turn into an expensive, ugly battle.

 

If You Need Help Moving Forward

 

My practice focuses on uncontested and cooperative divorces for couples who are ready to move forward without unnecessary conflict. If you and your spouse or co-parent have reached agreements, or can reach them with a little help, I offer flat-fee divorce services throughout the Metro East region, including Madison, St. Clair, Monroe, Washington, Clinton, Macoupin, and Jersey Counties.

 

For more information or to schedule a free phone consultation, contact me,  schedule a call or call 618-726-2671.

 

Disclaimer: This is not legal advice and nothing in this post is legal advice. My office does not take child support modification cases.