How Much Child Support Do You Pay if You Become Unemployed?

 Posted on November 12, 2025 in Child Support

Losing a job is one of the most stressful experiences in life, especially for parents who are raising children. If you have recently become unemployed, you may be wondering what happens to your child support obligations and whether unemployment payments cover the cost of child support. 

In Illinois, parents are still responsible for supporting their children even when their income changes. However, the law allows for parents to change their child support orders when a substantial change in financial circumstances occurs, such as job loss or reduced hours. Acting quickly and following the correct procedures can make a major difference in how much you owe and how soon your payments can be adjusted.

At Goostree Law Group, our St. Charles child support lawyers help parents file for modifications, calculate new payment amounts, and protect themselves from child support enforcement while unemployed.

How Job Loss Affects Child Support in Illinois

Under 750 ILCS 5/505 of the Illinois Marriage and Dissolution of Marriage Act, child support is determined using an "income shares" model. This method uses the combined net income of both parents and divides the financial responsibility in proportion to each parent’s income.

When one parent loses a job, that parent’s income changes significantly. This can justify a modification of the existing order. The court does not automatically change your payments; you must file a petition to request a modification. The change becomes effective on the date you file, not the date you lost your job. This means that if you wait several weeks or months to file, those missed payments will still count as money owed until the court officially approves the change, so the sooner you act, the better.

If you become unemployed through no fault of your own, you can request a reduction in your support payments. The court will look at your current financial situation, including any unemployment benefits, severance pay, or temporary income, to decide whether your payment amount should be lowered.

However, if your unemployment is voluntary or the result of your own behavior, the court will not necessarily reduce your obligation. Judges can impute income to you, meaning they may calculate support based on what you could be earning rather than what you actually make. This prevents parents from intentionally avoiding work or underreporting income to reduce child support.

Courts may also ask for proof that you are actively looking for new employment. Keeping records of job applications and interviews can show that your unemployment is involuntary and temporary.

Does Unemployment Pay Child Support?

In many cases, unemployment benefits do pay child support. Under Illinois law, unemployment compensation is considered income for the purposes of calculating and enforcing child support. If you are receiving benefits, the Illinois Department of Employment Security (IDES) can automatically deduct child support payments from those benefits.

This means that even if you are unemployed, you cannot simply stop paying support. Payments will continue based on your available income, including unemployment or other benefits. If those payments are not enough to meet your full child support obligations, you can petition for a modification to temporarily lower your required amount.

It is important to continue paying something, even if it is less than the full amount. Falling behind on child support results in arrears, which may lead to wage garnishment, license suspension, or even jail time once you are re-employed.

What Counts as Income for Child Support While You’re Unemployed?

The Illinois courts count just about every type of income for child support purposes. Even without a traditional paycheck, certain funds may still be counted toward your income, including:

• Unemployment benefits

• Severance pay or bonuses from a previous job

• Pension or retirement income

• Workers’ compensation benefits

• Disability benefits

• Savings, investments, or rental income

If these income sources eventually run out, you can request another review to ensure your payments remain manageable. The court may still expect you to pay a minimum amount based on your ability to contribute something to your child’s needs.

How to Get a Modification of Child Support

To change your child support obligation, you must file a Petition for Modification of Child Support with the court that issued your original order. The petition should explain your change in circumstances and have documentation to support your claim.

For example, you may want to include termination letters, unemployment filings, pay stubs, or bank statements. Once the petition is filed, a judge will review your case and decide whether your financial situation qualifies as a substantial change that allows your child support payments to change. 

Partial unemployment, such as reduced hours or decreased pay, can also qualify for a modification, as long as you can show a significant impact on your income. The same rules apply: the change must not be your own fault, and you need to document it. 

If you quit your job voluntarily or are fired for misconduct, the court may consider your unemployment to be the result of your choice and refuse to reduce your obligation. Judges have broad discretion to decide whether to impute income and at what level, based on your work history, skills, and the local job market.

Do I Need a Lawyer to Reduce Child Support Payments? 

Figuring out unemployment while paying child support is difficult. Hiring a lawyer may be the last thing you want to do. But getting experienced legal guidance can prevent you from making expensive mistakes. A knowledgeable attorney can help you:

• File your petition promptly and correctly

• Gather documentation that supports your claim

• Avoid contempt or enforcement actions for missed payments

• Communicate with the other parent or the Illinois Department of Healthcare and Family Services (HFS)

• Negotiate a temporary or permanent modification that reflects your current financial situation

Even if your unemployment is temporary, having legal representation ensures that your rights are protected and that your support obligations remain fair and realistic.

Call a Kane County Child Support Lawyer Today

If you are unemployed or recently lost your job, do not wait until you fall behind on child support payments. The sooner you act, the easier it will be to manage your financial situation and avoid legal trouble.

At Goostree Law Group, our St. Charles child support attorneys help parents file modification requests and understand how unemployment benefits affect child support payments. We provide clear, practical guidance designed to protect both you and your children.

Call 630-584-4800 today to schedule a free consultation and learn more about how unemployment impacts your child support obligations in Illinois.