Child Support Modification and Voluntary Underemployment in IL

 Posted on November 21, 2025 in Divorce / Family Law

The sudden loss of a job can justify a modification in child support in many cases – unless the court believes that the individual deliberately became unemployed or underemployed. In these situations, Illinois judges will often examine whether the parent requesting a modification in child support (750 ILCS 5/510) is voluntarily underemployed or unemployed, meaning they are capable of earning more, but choose not to.

From career changes and new degrees to what is known as "burnout breaks," the court does not look favorably on a parent who deliberately chooses underemployment as a means of paying less child support. There are, however, cases where the loss of a job and the inability to find a job that is equivalent in pay are very real, making it difficult to maintain the same level of child support. Regardless of which side you are on, having an experienced Oswego child support lawyer by your side can help ensure the best outcome possible.  

What Is Required for a Child Support Modification in Illinois?

To modify child support in Illinois, a motion must be filed with the court that proves a "substantial change in circumstances" has occurred since the last order was established. This change could be a significant shift in either parent’s income, a change in the child’s medical or educational needs, or other factors, but supporting documentation must be provided to prove the change.

This supporting documentation may include recent pay stubs, tax returns, employment records, or other financial statements. The motion must be served on the other parent. The court will then review the motion and require both parties to disclose financial information before issuing a new order.

How Does the Court Determine Voluntary Underemployment or Unemployment?

Under Illinois case law, voluntary underemployment or unemployment is defined as an intentional reduction in income. This means that the parent quit his or her job for non-compelling reasons, took part-time work despite the ability to work full-time, or accepted a much lower-paying position without necessity. The parent may also have taken an extended career break with no medical justification. Scenarios where deliberate underemployment or unemployment could be scrutinized include:

• A career change from a high-paying job in the field of the degree to a "passion" job with lower pay.
• Quitting a job due to work conflict without attempting to find a solution.
• Losing a job due to misconduct, criminal charges, or disciplinary measures.  
• Returning to school or switching industries despite a much lower rate of pay.
• Replacing a steady salary with "gig" work like DoorDash or Uber.
• Voluntarily relocating to an area with significantly lower wages and fewer job opportunities.
• Working for a family business at below-market wages.

When is Reduced Income Considered Legitimate?

If the parents’ industry has experienced documented layoffs or industry-wide reductions, then this could be a valid reason for underemployment. If the parent paying child support has a verified medical issue, disability, or documented physical restrictions, then the court could consider this justification for underemployment.

A parent who loses his or her job but is actively seeking comparable employment may receive some leeway from the court, as long as he or she is actively seeking work. Finally, a parent who is making a good-faith career transition with a clear, consistent income path is more likely to be granted a temporary reduction in child support.  

The court will consider prior earnings history and labor-market data for the parents’ skill sets. The earning potential will be based on education, certifications, and experience. If the court finds that the parent is deliberately underemployed or unemployed, it will impute income based on the parent's prior earnings to determine child support.

Contact a Kendall County, IL Child Support Lawyer

Illinois courts take voluntary underemployment seriously, and the judge will look closely at the reasons behind the job change. An experienced Oswego, IL family lawyer can help you present the evidence judges rely on during the modification hearing, while protecting your rights and looking after the best interests of your child. Call 630-448-2406 to schedule your free consultation.