Can I Stop Paying Child Support if My Ex Makes More Than Me?

 Posted on April 29, 2025 in Child Support

Child support in Illinois is designed to ensure that both parents contribute financially to their child’s well-being, regardless of how much time the child spends with each parent. But what happens when the parent receiving support starts earning more money than the parent paying it? Can you stop paying child support in that situation?

The short answer is no — not automatically. However, you may be able to request a modification of your support obligation. Contact our Winfield, IL child support lawyer to learn more. 

How Is Child Support Calculated in Illinois?

Illinois uses an "income shares" model to calculate child support. This method uses the combined income of both parents, the number of children, and the amount of parenting time each parent has. The goal is to provide the child with the same proportion of financial support the child would have received if the parents still lived together.

This means that even if your ex now earns more than you do, you could still be responsible for paying child support if your share of the combined income and your amount of parenting time justify it. Support orders are based on a formula, not just income comparisons.

Can You Modify Your Child Support Obligation?

Illinois courts allow parents to request a change in their child support order if there has been a significant change in circumstances. A substantial difference in either parent’s income, a shift in parenting time, or changes in the child’s needs may qualify.

You might be eligible for a modification if:

• Your ex’s income has increased significantly

• Your own income has decreased due to job loss or health issues

• You have taken on more parenting time or primary custody

• The child’s financial needs have changed

You must file a formal petition with the court and present documentation of the changes. A judge will then review the evidence and decide whether to adjust the amount of support. Until that happens, you must continue paying according to the existing order.

What Happens if You Stop Paying Child Support Without a Court Order?

Failing to pay court-ordered child support can lead to serious consequences, including wage garnishment, suspension of your driver’s license, and even jail time in extreme cases. You cannot legally stop paying support unless a judge changes or terminates the order. The safest course of action is to talk to a family law attorney who can help you evaluate your options and represent you in court.

Contact a Winfield, IL Child Support Lawyer

If your financial situation has changed and you believe your child support obligation should be reviewed, contact a Warrenville, IL family law attorney at Hensley Sendek Law by calling 630-358-9029 to schedule a free consultation. We can help you navigate the process and advocate for a fair outcome.