The loss of a job can cause significant difficulties, regardless of your situation. However, if you are a divorced parent who pays child support, a sudden and unexpected loss of income can not only affect you, but it may cause difficulties for your ex-spouse and your children. If you find yourself in a situation where you may be unable to meet your child support obligations, you will need to determine how to proceed. It is important to understand your options for seeking a modification of the amount you will be required to pay. By addressing this issue correctly, you can avoid legal issues such as penalties for non-payment of support, and you can put solutions in place that will allow you and your family to maintain financial stability.

Understanding Your Child Support Obligations in Illinois

A child support order put in place in family court must be followed. Even if you do not have the ability to pay the amount owed, you will be legally obligated to do so until the court issues a new order modifying your obligations. All amounts owed must be paid in full, and if you fall behind on payments, interest will be applied until what is owed is fully paid. Continued non-payment of child support could lead to other penalties. If the court determines that you have wilfully refused to pay the amounts owed, you could be held in contempt of court, which could lead to fines, the suspension of your driver's license, and even imprisonment. Because of these issues, it is crucial to take immediate action to address any issues that could affect your ability to meet your obligations.

Seeking a Modification of Child Support

If you lose your job or face financial hardship, you may petition the court to modify your child support order. Modification requests may be granted if you can demonstrate a significant change in circumstances. The loss of a job will usually qualify as a significant change, although the reason for your job loss may be considered. That is, if you were laid off because of downsizing, the court will be more likely to look favorably at your situation and help you determine how to proceed as you seek a new job. However, if you were fired for misconduct, or if you quit your job voluntarily, you may not be granted a modification, and your child support obligations may remain in place.

The term “parental rights” can be confusing. Many parents assume that their parental rights are automatically granted to them when they have a child. While this is somewhat true, it is important to understand how and when parents’ legal rights are granted or revoked under Illinois law.

How Do Parents Gain Parental Rights?

Mothers are considered the legal parent of a child when they give birth. Fathers can gain parental rights by establishing paternity. Paternity is assumed for married parents, meaning the husband of a woman who gives birth to a new baby is automatically considered the child’s legal parent. Signing a document called a Voluntary Acknowledgment of Paternity (VAP) is the most popular method of establishing paternity when unmarried parents both agree on who the child’s father is.

Parents can also establish paternity through an administrative process with the Department of Child and Family Services or a judicial process with the court.

In Illinois child custody cases, a guardian ad litem (GAL) may be appointed to represent the child and their best interests. A GAL is typically an attorney who is placed by the court to investigate and make recommendations regarding custody, visitation, and other issues related to the child’s welfare.

Understanding the role of GAL in Illinois child custody cases is essential for parents who are going through a divorce or custody dispute.

What is a GAL?

A GAL is a person the court appoints to represent the child’s best interests in a custody case. The GAL is not a party to the case but rather an independent third party that is directed to investigate and make recommendations regarding what is best for the child.

For parents getting divorced, the impact of the divorce on their children is generally at the very top of their minds. Parents worry about how children will respond to the news of the split and how they will cope with the impending changes to their family. Fortunately, many children with divorced parents grow up happy and healthy. However, that is not to say that the divorce will be easy for them.

As you navigate this complicated situation, consider the following tips from child experts and psychologists for discussing divorce with children.

Stick to the Facts and Avoid Oversharing

One of the most important things to remember when discussing the divorce with your children is to remain fact-based and age-appropriate. Your marriage may be ending because your spouse had an affair, gambled away the savings account, or otherwise betrayed you. Or, the divorce may be the result of a marriage that has been broken for years. Whatever the reason, it is important not to get into the details about why the marriage is ending. Instead, factually explain the logistics of the split, where the children will live, and when they will see each of the parents.

 Collaborative divorce is a specific type of divorce process in which spouses are represented by their own attorneys, but still work cooperatively toward a solution. The ultimate goal of the collaborative divorce process is to reach a settlement on divorce issues such as property division and the allocation of parenting time and responsibilities without litigation. To facilitate this process, the divorcing spouses typically sign a Participation Agreement. The Participation Agreement is a document that outlines each party's commitments and expectations throughout the collaborative divorce process.

Elements of a Participation Agreement or Collaborative Agreement

A Participation Agreement is a document that outlines the expectations of all parties involved in the collaborative divorce. It outlines each party's legal rights and obligations.

Most participation agreements include the following provisions: