My Ex Stopped Paying Child Support. Is There Anything I Can Do?

 Posted on January 08, 2024 in Divorce

When a couple goes through a divorce, the spouses need to reach a settlement that will describe what they will need to do once the marriage is legally over. The settlement will include how any marital property and other assets will be divided, if either spouse will need to make spousal support payments, and what will happen with their retirement funds. If they have children, they will also need to draw up a parenting plan that will detail how they will divide parental rights and parental responsibilities. These agreements serve as an outline for the spouses to follow so that things are not left to doubt. If either ex-spouse fails to fulfill any of their responsibilities, it can have serious consequences for the other spouse. If you are in such a situation, an experienced DuPage County, IL, divorce lawyer can offer you guidance and help you navigate your options.

What if Conditions Change?

The State of Illinois has a list of issues that need to be settled in order for a divorce to be finalized. Each ex-spouse can then refer to their settlement to know exactly what is expected of them and exactly what they can expect from the other. This makes it easier for them to make financial plans, know what sort of housing they’ll need (based on how often their child will sleep at their home), and have a clear understanding of the time commitment they can offer to their jobs (based on when they will need to be responsible for picking up or dropping off their child at school). 

However, the conditions that were in place during the divorce proceedings might not always remain the same. If one parent suddenly loses their job, for example, it might mean that they can no longer afford their child support payments. While this change could make it extremely difficult for the other parent to cover all their childcare expenses, it is also an understandable situation and it would be irrational for the court to somehow try to force the unemployed spouse to make payments they cannot afford. On the other hand, if the parent either quit their job or simply decided to stop paying child support having no connection to their financial situation, they could face serious consequences.

The courts understand that conditions can change and as such, divorce settlements sometimes need to be amended. However, neither spouse is legally entitled to simply do something that violates their settlement - like not paying child support - without court approval. If a parent can show the court that their financial situation is unstable and they are simply unable to pay, they will likely be granted a modification to the settlement. If the paying parent appeals to the court for a modification and they are found to be financially capable of paying, a modification will not likely be granted. If a parent simply stopped paying child support, the court could find them guilty and fine them, ensuring that the other parent receives the money they need. Regardless of the specific situation, neither parent can ever act in violation of their divorce settlement. Court approval is necessary before either spouse can change any aspect of it.

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

If your ex suddenly stopped making child support payments to you, a knowledgeable Wheaton, IL, divorce lawyer can help you navigate this stressful situation. Call Goostree Law Group at 630-364-4046 to schedule a free consultation so we can fight for your rights to be restored.