Getting Started on Paying Child Support After a Divorce

 Posted on July 03, 2025 in Divorce / Family Law

Child support in Illinois is not optional. Once a divorce is finalized and child support is ordered, paying it becomes a legal obligation. For newly divorced parents, understanding how child support works can be overwhelming, especially if you are just beginning to adjust to single parenting, new finances, and a court order. If you live in Oswego or anywhere in Kendall County, our experienced Illinois family lawyer can help you meet your responsibilities and avoid legal trouble.

How Is Child Support Calculated in Illinois?

Illinois uses an "income shares" model to determine child support. Under this system, both parents’ incomes are considered, along with the amount of parenting time each parent has. The Illinois Department of Healthcare and Family Services (HFS) provides a table of expected financial contributions based on the parents’ combined income.

The parent with the majority of parenting time usually receives payments from the other parent, but there are exceptions. For example, if parenting time is split 50/50, child support may still be ordered depending on the income difference between parents.

How Do You Make Child Support Payments?

Child support is generally paid through the Illinois State Disbursement Unit (SDU), not directly to the other parent. This protects both parties by ensuring accurate records of all payments.

In most cases, payments are withheld directly from the paying parent’s paycheck. This is called income withholding. If you are self-employed or not currently working, you may be ordered to make payments manually through the SDU portal or by mail. It is important to make every payment on time, even if your financial situation has changed.

What Happens If You Miss a Child Support Payment?

Missing even one child support payment can have serious consequences. Illinois law allows the court to take several enforcement actions, including:

• Suspending your driver’s license or professional license

• Placing a lien on your property

• Intercepting tax refunds

• Garnishing bank accounts

• Holding you in contempt of court, which could lead to jail time

It is much better to talk to a family lawyer about changing your payments if you can no longer afford them than to just stop paying.

Can You Change the Amount of Child Support Later?

Yes,  but only under certain circumstances. A child support order may be modified if there has been a "substantial change in circumstances." Examples include losing a job, becoming disabled, or a significant change in income for either parent.

Even if the change seems obvious to you, it must be approved by the court. Until that happens, your current order is legally enforceable, and unpaid support will continue to add up.

Additionally, under Illinois law, child support may be changed every three years even without a major change in circumstances, provided certain eligibility criteria are met. If you are unsure whether you qualify for a change, an attorney can review your case and help you to decide whether to ask the court for a change. 

What If You and the Other Parent Agree on a Different Amount of Child Support?

Even if both parents agree to reduce or skip a payment, you should never rely on a verbal agreement. The court’s order controls payments, and failure to follow it could result in enforcement actions. If you and your co-parent agree that changes are necessary, you can file a joint petition to modify support. A judge has to approve the new terms for them to be legally binding.

Contact an Oswego, IL Child Support Lawyer Today

Paying child support after a divorce does not need to be confusing or stressful, but getting it wrong can lead to serious consequences. At Loire Krajniak Law, LLC, our Kendall County, IL family law attorney helps parents understand their rights and responsibilities, avoid expensive mistakes, and ask for modifications when appropriate. Call us at 630-448-2406 today to set up your free consultation.