What if a parent owing child or spousal support is unemployed?

On Behalf of | Mar 27, 2019 | family law |

For Illinois parents, one of the most important obligations they have after a divorce is to pay the child support or spousal support they owe. For the receiving parent, the payments are needed for upkeep and necessities. For various reasons, there are sometimes problems keeping up with the payments. One is if the parent who owes support is unemployed. This is a difficult circumstance, but the law addresses it directly. For the parent who is confronted with this issue and the parent who is supposed to be receiving the support payments, it is important to understand how this will be handled.

If there is a proceeding for an enforcement of support and the person who owes is unemployed, the court can order the person to look for employment and maintain a diary, a listing or another document that details the efforts he or she is making to get a job based on the order. The court can also order the person to go to the Department of Employment Security to take part in a job search. A program for job training to help with the work progress can also be ordered.

If there is a child support order and the child receives child support enforcement services based on the law, the court can tell the unemployed person to go to the Department of Healthcare and Family Services to take part in a job search, seek training or take part in a work program. When past due support is owed, the court can order: that the person pay the support based on a payment plan; or if the person is unemployed and has a payment plan while not being incapacitated, he or she take part in a job search, get training, or enroll in a work program.

Being unemployed is difficult enough without being concerned about the inability to pay child support or spousal support. From the perspective of the parent who is owed support, it is also problematic aspect of family law. Calling a law firm for help in these cases is imperative and should be done immediately so a resolution can be reached.

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