Does a Parent Have to Pay Child Support If They Are Unemployed? 

 Posted on February 23, 2025 in Child Support

Losing a job is stressful enough on its own. When you also have a child support obligation, the pressure can feel overwhelming. If you or your child's other parent is out of work, a Joliet child support attorney can help you understand how unemployment affects your case in 2026.

The short answer is that unemployment does not automatically make it so you can stop paying child support. Whether and how support changes depend largely on why you are unemployed and what steps you take next.

Child Support Calculations in Illinois

Illinois uses a method called the Income Shares model to calculate child support. With this method, the total cost of raising the child if the parents stayed together is decided. Then, both parents' net incomes are added together to find the percentage that each parent contributes to the total. Courts use this percentage and the amount of parenting time the parent has to decide how much they will owe in child support.

When one parent has no income, it still figures into the calculation. However, the court does not always accept a zero at face value.

Does It Matter Why a Parent Is Unemployed When Calculating Child Support?

Illinois courts treat "involuntary" and "voluntary" unemployment very differently.

Involuntary Unemployment

Involuntary unemployment means the parent lost their job through no fault of their own. Examples include being laid off, let go due to company downsizing, or losing a job because of a disability. If the parent is actively and genuinely looking for new work, the court is more likely to view the situation favorably. Looking for any job is better than staying with no job in the case of involuntary unemployment.

In these cases, the parent may be able to request a modification of their child support order to temporarily lower the payment amount. However, they cannot simply stop paying or reduce payments on their own. They must go through the proper legal process to change the order.

Voluntary Unemployment

Voluntary unemployment, meaning you’re choosing not to work on purpose, is treated much more harshly. A parent who quits their job, refuses to look for work, or intentionally takes a lower-paying position to reduce their support obligation will likely not receive relief from the court.

Common examples of voluntary unemployment situations include:

• Quitting a job without another position lined up
• Leaving the workforce to avoid paying child support
• Turning down reasonable job offers
• Failing to make real efforts to find work after being let go

In these cases, the court may impute income and require the parent to continue paying child support as if they were still employed.

What Is Imputed Income in a Child Support Case?

If a parent is voluntarily unemployed, the court may assign them what is called "imputed income." This is an estimate of what the parent could reasonably earn based on their work history, education, skills, and the local job market. The court uses this estimated income instead of zero when calculating child support.

If a parent does not have enough work history for the court to estimate their earnings, Illinois law 750 ILCS 5/505 (3.3a) allows the court to set that parent's income at 75 percent of the Federal Poverty Guidelines for a single person.

Can the Parent Receiving Child Support Quit Their Job to Get More Child Support?

The same logic applies to the parent receiving child support. A parent who voluntarily quits their job cannot use that lost income to claim they need a larger child support payment. Courts will also impute income to a recipient parent who is voluntarily unemployed, which can actually reduce the amount they receive.

What Should You Do If Your Income Has Changed?

Whether you are the parent paying or receiving child support, a significant change in income may be grounds for modifying your existing order. Here are some important things to do:

• Do not stop making payments or change the amount on your own.
• Document your job loss with termination letters, layoff notices, or other records.
• Keep records of every job application and interview to show good-faith efforts.
• Contact a family law attorney as soon as possible to discuss your options.

Modifying a child support order requires filing a formal request with the court or through the Illinois Department of Healthcare and Family Services. Acting quickly matters because modifications typically only take effect from the date the request is filed, not from the date the income changed.

Call an Orland Park, IL Child Support Reduction Lawyer Today

Child support questions can be complicated, especially when income has changed unexpectedly. At The Foray Hurst Firm, we understand that life can throw you curveballs and believe in preserving the dignity of families in transition. If you have questions about how unemployment affects your child support obligation, contact our Joliet child support lawyer at The Foray Hurst Firm by calling 312-702-1293 today.

Our attorneys are proud members of the Black Women Lawyers' Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association.