Does an Unemployed Parent Have to Pay Child Support?

 Posted on July 14, 2024 in Illinois Family Law

After a divorce or separation, parents need to be sure their children’s needs are provided for. Child support will typically be ordered, and one parent will be required to make ongoing payments to the other. Even when parents are unemployed, they may still have an obligation to provide financial support for their children. When addressing issues related to child support, an experienced attorney can ensure that the laws are applied correctly and advocate for solutions that provide for children’s needs while helping parents maintain financial stability.

Parental Obligations to Provide Financial Support

Parents have a legal responsibility to support their children financially, regardless of employment status. Courts in DuPage County and throughout Illinois prioritize the best interests of the child, ensuring that they have the necessary resources for a healthy and stable upbringing.

Child support covers essential needs such as housing, food, clothing, education, and medical care. Additional expenses may also need to be addressed, such as the costs of child care, health insurance, or extracurricular activities. Child support is designed to provide children with a standard of living similar to what they would have experienced if their parents had remained together. Even if one parent is unemployed, the court will strive to ensure that the child's financial needs are met, and a parent may be required to take steps to find a job and contribute to their children’s needs.

Calculating Child Support for Unemployed Parents

When a parent is unemployed, the court may calculate child support based on that parent’s imputed income. This is the amount of income a parent could potentially earn based on their education, work history, skills, and the job opportunities that are available in the area. The court may determine that the unemployed parent is capable of earning a certain amount, and child support payments may be calculated based on this hypothetical income.

The court may also consider the efforts an unemployed parent is making to find employment. If a parent can show they are actively seeking work, the court may take this into account when determining child support. However, if a parent is found to be voluntarily unemployed or underemployed to avoid paying child support, the court is likely to impute income based on that parent’s earning potential.

In some cases, the court may make temporary adjustments to child support payments if a parent has recently lost a job or suffered financial setbacks. While the parent's financial situation may be considered to ensure that they are not placed in a position that could result in long-lasting financial hardship, the court will take steps to ensure the child's needs will continue to be met. Once a parent gains employment, the amount of child support may be reassessed, ensuring that appropriate payment arrangements are put in place.

Penalties for Failing to Pay Child Support

The state of Illinois takes non-payment of child support very seriously. Parents who do not meet their child support obligations may face contempt of court charges, and they may be required to pay fines or even be sentenced to jail time. All payments must be paid in full and interest is assessed on the unpaid amounts. To collect unpaid child child support, the court may take actions such as:

• Wage garnishment: A parent’s employer may be ordered to withhold a portion of their wages and direct it toward child support payments. This ensures a steady payment flow to meet the child's needs.

• Intercepting tax refunds: If a parent is behind on child support payments, the state can seize federal or state tax refunds and apply them to the overdue child support balance.

• Suspension of licenses: The state can suspend a person’s driver's license, professional licenses, and recreational licenses as a penalty for failing to meet their financial obligations. This can add significant pressure on the non-compliant parent to pay the amounts owed.

• Liens on property: The court may place liens on property such as real estate and vehicles. This means that the property cannot be sold or refinanced until the child support arrears are paid off.

Contact Our DuPage County, IL Child Support Attorneys

Legal issues surrounding child support can be complex, especially in situations where a parent has lost their job or is struggling to find employment. The experienced Oakbrook Terrace, IL child support lawyers at Farooqi & Husain Law Office can help parents understand their obligations in these situations, and we can work to resolve disputes while ensuring that children's needs will be met. To get answers to your questions about child support or assistance with enforcement or modifications, contact us today at 630-909-9114 to set up a consultation.