Does an Unemployed Parent Still Have to Pay Child Support?

 Posted on September 20, 2026 in Family Law

Everybody falls on hard times now and then, and sometimes a parent finds themselves unemployed. If you already have a child support obligation, you’re likely worried about making your regular payments while looking for new work. Unemployment does not automatically end your responsibility to pay child support in Illinois. The court will consider that you’re unemployed and what income you could reasonably earn.

If unemployment is affecting your child support in 2026, a DuPage County, IL family law attorney can explain whether your current support order can be changed.

How Does Unemployment Impact a Child Support Obligation in Illinois?

Unemployment can occur for many reasons, and the cause may affect how Illinois courts address the issue. For example, a parent might have been laid off because a company is cutting jobs. In another situation, perhaps a parent chose to quit working or take a lower-paying job.

If a parent purposefully chooses to earn less than they reasonably could, the court will likely be less lenient in reducing the amount of child support owed. However, a parent who loses a job and is making a real effort to find new work can have grounds to ask the court to reduce an existing child support obligation.

The important thing to remember is not to stop making payments after losing a job. An existing child support order remains in place until the court modifies it.

What if a Parent Chooses Not to Work in Illinois?

A parent generally cannot avoid paying child support by choosing not to work or by earning less than he or she reasonably could. Illinois law refers to this as voluntary unemployment or underemployment.

Under 750 ILCS 5/505, child support for a voluntarily unemployed or underemployed parent is calculated using imputed income. Imputed income is an estimate of what the parent could reasonably earn rather than what the parent is currently earning.

This rule can apply when a parent quits a job or intentionally reduces work in an effort to lower a child support obligation.

Losing a Job Involuntarily

According to 750 ILCS 5/510, a support order can be modified when there has been a substantial change in circumstances. A job loss involving a significant loss of income could support a request for modification, particularly when the unemployment was not voluntary. The court can review the parent's current financial situation and their efforts to find new work when deciding how to address the request.

It is important to request a modification with the court rather than assume payments will automatically change. Illinois law generally limits the modifications to installments that come due after notice of the request for modification.

How Does an Illinois Court Determine Imputed Income?

The court looks at the parent's individual situation when determining imputed income. Some factors they will consider include:

• The parent's employment and earning history
• Job skills and education
• Efforts the parent has made to find work
• The local job market and available employment

Other circumstances can also affect the court's decision, such as a parent's health or barriers that make finding work more difficult. Illinois law also requires an evidentiary hearing before the court can impute income.

If there is not enough work history to estimate potential earnings, the statute provides an alternative method based on the federal poverty guidelines.

Can an Unemployed Parent in Illinois Have a Very Low Child Support Obligation?

Illinois law has special rules for parents with very low or no income. A parent with actual or imputed gross income at or below the level set by the statute could be subject to a minimum child support order. The current statutory presumption is $40 per month per child, with a maximum total minimum obligation of $120 per month.

In some cases, the law instead presumes that a zero-dollar support order should be entered. This applies to a parent with no gross income or someone who cannot work because of a medically proven disability.

These rules do not mean that every unemployed parent will receive a minimum or zero-dollar order. The court must determine which child support rules apply to that parent's situation.

Contact a DuPage County Family Law Attorney Today

Losing your job does not automatically end your child support obligation, but you do have options for addressing a change in income. At Mirabella, Kincaid, Frederick & Mirabella, LLC, a Wheaton, IL child support lawyer can review your situation and explain whether a modification may be appropriate.

MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties. Call 630-665-7300 to schedule an initial attorney meeting.