My Ex Quit His Job. What Will Happen to His Child Support Payments?

 Posted on November 27, 2023 in Child Support

When parents go through a divorce, many issues need to be worked out in their divorce settlement. These issues lay out how the couple will continue raising their shared children once they are no longer married. The two sides will need to reach agreements that become legally binding through the courts. They need to agree on things like child support payments, parental rights and responsibilities, and the other things that need to be decided regardless of whether the couple getting divorced has children, like division of assets, distribution of debt, and spousal support.

The decisions about these matters are made based on each spouse’s financial situation at the time of the divorce. If you were only able to hold down a part-time job due to all your household responsibilities, but the fact that you took care of household maintenance meant your spouse was able to work full-time and advance in his career, you likely were granted child support payments. If you are a divorced parent who depends on shield support payments to help you meet all your financial responsibilities and your spouse has just quit his job, an experienced Naperville, IL, divorce lawyer can help shed light on this difficult situation so you know how to move forward.

Will My Newly Unemployed Ex Automatically Stop Paying Child Support?

The State of Illinois allows for modifications to child support arrangements in a divorce settlement based on new circumstances. One of the criteria is that the change or loss of income needs to be involuntary for the child support arrangement to be amended. If your ex was fired from his job, this would fall under this category. But if he quits, it is not considered involuntary, and the divorce settlement would likely remain unchanged.

Another factor the court will examine when deciding whether to modify your child support arrangement would be your and your ex’s respective financial situations. If your ex did not quit but was laid off, which would be considered involuntary, but was given a giant severance package, stock options, and still has a robust bank account, it is possible no modifications would be made. If that is not the case and your ex’s finances are unstable, the court might find that a modification would be appropriate.

One thing is certain, though. No one can simply stop paying child support on their own. Even if your spouse was fired and is now in a way worse financial situation than he was during your divorce proceedings - meaning, he would be a good candidate for a child support modification - it is up to the court to decide whether to make a change to your arrangement. Your ex cannot simply decide to change or stop payment.

Schedule a Free Consultation with a Dupage County, IL, Child Support Attorney

If your ex has quit their job and you are concerned about what that means for the child support payments you receive, an experienced Naperville, IL, divorce lawyer will be able to explain what might happen next. Here at Pesce Law Group, P.C., we offer free consultations. Call 630-352-2240 so we can get started on protecting your rights and interests.