Under Illinois law, child support may be modified upon a substantial change in circumstances. Normally, a job loss is considered a substantial change in circumstances which would warrant a modification of child support, but sometimes it isn’t. This post discusses two cases, and the reasons why the courts reached different outcomes.
Scenario #1: Father is working full-time and bringing in most of the family’s income. He and mother decide they are going to get a divorce, and she is awarded the majority of allocated parenting time with the children. Mother is seeking child support from father, who is an engineer. Due to a combination of his unreliability and misconduct at work, he is fired from his job during the pendency of the divorce. He was paying child support of $2,500 per month on a temporary basis during the pendency of the case. Now, after a few months, he is unable to find new employment and is living with his parents. Mother is seeking child support from father, but his position is that he should not be ordered to pay child support because he is not working.