Child Support and Bankruptcy

 Posted on May 22, 2015 in Divorce

Bankruptcy can happen to anybody. If you lose your job, fall victim to an illness or accident, your small business fails, or you simply accumulate too much personal debt on your credit cards, bankruptcy can be the only way to regain control of your finances. Filing for bankruptcy requires you to work with the court to repay your debts. This process differs according to the chapter of bankruptcy you file, but it basically requires you to surrender control of your spending and assets to the court-ordered trustee assigned to your case. When you are working through a repayment or liquidation plan, it can be difficult to make your required child support payments. Your child support obligation cannot be eliminated by filing for bankruptcy, no matter how dire your financial situation becomes. However, it is possible to have your required payments lowered. If you are facing financial difficulty and can not make your payments, consider seeking a modification to your support order.

The Modification Process

The Illinois Department of Healthcare and Family Services Division of Child Support Services handles all child support orders in the state of Illinois. To seek a modification to your order, you must petition to the division and prove that you cannot make your required payments because of your financial hardship.

To have your child support order modified, you will need to make a formal request to the division or wait until your case is up for review. All child support cases come up for review every three years, at which point either parent can request a modification to its terms. When you request a modification, you are sent a Certification of Income and Expenses Form, which you must fill out and return to the division within 15 days. The division then reviews your case and financial circumstances and decides if a modification is the best option for you and your child.

It is always better to seek a modification to your child support order than it is to simply fail to pay and allow yourself to become delinquent. Failure to make your required child support payments can bring repercussions such as losing your driver's and vocational licenses, fines, and even jail time. Do not wait to seek a modification – if you know you cannot meet your obligation, address this issue as soon as it comes up.

Child Support Attorneys in Kane County

If you need to modify your child support order, contact Goostree Law Group to discuss your options as well as the process for seeking a modification with one of the experienced Kane County family attorneys at our firm. Set up your free legal consultation today to learn more about your rights and obligations as a parent facing financial hardship. Child support is meant to cover your child's financial needs, not to drain your bank account. Work with our firm and the Division of Child Support Services to develop a child support arrangement that fits into your budget while meeting all of your child's needs.