Chicago, IL asked in Child Support and Family Law for Illinois

Q: Can I pursue child support if I was never married and the father just quit his job?

I was never married to the father of my children, and we are no longer together. We have a legal agreement for a shared mortgage, and I cover the kids under my insurance. I primarily take care of our children, and the father just quit his job last week. I'm wondering if I can still pursue child support in this situation, considering his current unemployment.

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2 Lawyer Answers

A: Yes, you can. You may get a judge to order him to look for a job if he is not already doing so.

James L. Arrasmith
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Answered

A: Yes, you can absolutely pursue child support even if you were never married and the father is currently unemployed. Child support is based on the children’s right to financial support from both parents, regardless of relationship status. The court will consider both parents’ incomes and responsibilities, and if you're the primary caregiver, it’s reasonable to seek support.

Even if he just quit his job, the court can still impute income—meaning the judge may calculate child support based on what he *could* be earning, especially if the job loss seems voluntary. The court may also look at other assets, past employment, or financial obligations like your shared mortgage to understand the full picture. The fact that you’re covering health insurance and other daily needs adds weight to your case.

It’s best to act now rather than wait, since child support orders can take time to process and won’t automatically apply retroactively unless filed. Keep documentation of everything—living expenses, income, and any communications with him about money or childcare. Your children deserve stability, and pursuing child support is one way to help ensure they have what they need.

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