What a mother can and cannot do about child support on her own
A mother cannot simply cancel child support by agreement with the father or by stopping enforcement. Child support in Illinois is a court order, and only a judge can modify or terminate it. If both parents agree to end support, you still need a court to approve the change in writing. If you stop collecting or tell the other parent you won't pursue it, the obligation legally remains — and back support can accumulate.
The process differs depending on whether you want to lower payments, stop them entirely, or change the arrangement. Each path requires filing paperwork with the court that issued the original order. The court will examine the current financial situation of both parents before deciding whether to grant the change.
Key Takeaways
- Only a court can modify or end child support; verbal agreements between parents have no legal weight.
- You must file a motion to modify with the same court that issued the original child support order.
- The court will examine both parents' current income, custody arrangement, and the child's needs before deciding.
- If both parents agree to end support, the court still requires proof of the agreement and may still deny it if the child's needs are not met.
- Back support owed before the modification is approved does not disappear and remains collectible.
When the court will consider ending child support entirely
Illinois courts will terminate child support when the child turns 18, graduates from high school, or reaches age 19 — whichever comes first — unless the child is still in high school. If the child is disabled or still in school past age 18, support may continue longer. The court order itself will state the end date or condition.
A mother can request early termination if there has been a substantial and continuing change in circumstances. Examples include the father's income dropping significantly, the mother's income rising substantially, or a major shift in custody. The change must be significant enough that the current order is no longer fair — a small income change usually will not be enough.
If the child moves in with the father full-time, or if the parents' custody arrangement changes, that is grounds to ask the court to reconsider support. You will need to show proof of the new living situation or custody agreement.
How to file a motion to modify child support
File a Motion to Modify Child Support with the circuit court in the county where the original order was issued. You can obtain the form from the court clerk's office or download it from the Illinois Courts website. The form asks for the case number, the names of both parents, the child's name, and the reason for the requested change.
Attach a current financial affidavit showing your income, expenses, and assets. You will also need to attach the father's most recent financial information if you have it, or explain why you do not. Include any documents that support your reason for the change — a new job offer letter, a termination notice, proof of a custody change, or medical records if the child's needs have changed.
File the motion with the court clerk and pay the filing fee, which varies by county but typically ranges from $50 to $200. You must serve a copy on the other parent or their attorney by mail or in person. Keep proof that you served them — the court will ask for it.
What happens after you file the motion
The court will schedule a hearing, usually within 30 to 60 days of filing. Both parents will be notified of the date. You do not need an attorney, but having one can help present your case clearly. At the hearing, you will explain why the current order should change and present your financial documents.
The judge will review both parents' current income, the custody arrangement, and the child's needs. Illinois law requires courts to use a formula based on combined parental income, but the judge can adjust the result if circumstances warrant it. The judge may ask questions about job changes, health issues, or other factors affecting your ability to pay or your need for support.
The judge will issue a written order either granting or denying the modification. If granted, the new support amount takes effect on the date the judge specifies, usually the first of the following month. If denied, you can ask for reconsideration or wait until another substantial change occurs before filing again.
If both parents agree to end support
Even if the father agrees in writing to stop paying, you must still file a motion with the court. A private agreement between parents does not override a court order. Without a court-approved modification, the father's obligation remains on the books, and he could be held in contempt if enforcement action is taken later.
File the motion and attach a signed agreement from both parents stating that you both consent to ending or modifying support. Include a statement explaining why the change is in the child's best interest. The judge will review the agreement and the child's current needs before approving it. If the judge believes the child would be harmed by the change, the judge can deny the agreement even if both parents want it.
Once the court approves the agreement, you will receive a written order. Keep this order in case questions arise later about whether support was properly terminated.
What happens to support owed before the modification
Back support — money owed before the court approves the modification — does not disappear. If the father owes $3,000 in arrears when you file the motion, that $3,000 remains owed even if the court ends future support. The father must still pay the back amount, usually through the Illinois Centralized Collection and Disbursement Unit (CCDU) or directly to you if that was the original arrangement.
If you want to forgive back support, you can request that in writing as part of the modification motion. The judge will consider whether forgiving the debt is fair to the child. Some judges will approve forgiveness if both parents agree; others will not. There is no may provide the court will grant it.
If the father cannot be located or will not respond
If you cannot find the father to serve him with the motion, you can ask the court for permission to serve him by publication — posting a notice in a newspaper or online. This process takes longer and requires filing additional paperwork. The court clerk can explain the steps.
If the father is served but does not show up for the hearing, the judge can proceed without him. You will need to present your case and evidence. The judge may grant the modification based on your testimony alone, or may require you to provide more documentation before deciding.
Frequently Asked Questions
Can I just stop collecting child support if I don't need it anymore?
Stopping collection does not end the legal obligation. The father still owes the money, and back support can accumulate. If you want to officially end support, you must file a motion with the court and have a judge approve it in writing.
What if the father says he will pay me directly instead of through the state?
Direct payment arrangements are not enforceable by the court and offer you no protection if he stops paying. The court order requires payment through the official system or as the order specifies. Any change must be approved by the court in a written modification.
How long does it take to modify child support?
From filing to final order typically takes 60 to 90 days, though it can be faster if both parents agree. The timeline depends on how busy the court is and whether the other parent contests the change. Emergency situations may be heard sooner.
Do I need a lawyer to file a motion to modify?
No, you can file the motion yourself. However, if the father contests the change or if your case is complicated, having an attorney can help. Many legal aid organizations in Illinois offer free or low-cost help to parents who cannot afford a lawyer.
What if my income went up — can the father ask to lower his support?
Yes. Either parent can file a motion to modify if circumstances change. If your income increased significantly, the father could ask the court to lower his payment. The court will examine both parents' current finances before deciding.