How Can I Change My Illinois Child Support Order?

 Posted on March 13, 2020 in Child Support

In an unmarried or divorced parenting arrangement in Illinois, the parent with the majority of the parenting time is often entitled to receive child support payments from the other parent. If you are the parent with fewer parental responsibilities and less parenting time, you may be required to pay child support. Child support payment amounts are based on each parent’s financial circumstances, the children's needs, and other factors. Understandably, these factors may change. If you need to change your court ordered child support, read on to learn how to do so.

When Are Child Support Orders Eligible for Modification?

Illinois child support orders are automatically eligible for review and possible modification every three years. During a modification review, the existing child support balance, both parents’ income and employment circumstances, and other relevant information is evaluated. If the review reveals that the child support obligation may require adjustment, parents may request a modification.

If it has been less than three years since your original child support order was put into place or since the last modification review, you will need to show that a “significant change in circumstances” necessitates the modification. There are many situations that may be considered a significant change in circumstances including but not limited to a change in:

• The child’s needs
• The recipient’s financial conditions
• The obligor’s financial conditions, including job changes
• The allocation of parental responsibilities or parenting time

Requesting a Modification

If it has been at least three years since your last modification review or you have a substantial change in circumstances, you may petition the court for a child support modification. You will likely need to fill out Certification of Income and Expenses form (HFS 2782) and submit supporting information. An attorney can help you take the steps necessary to request a child support modification and ensure that your rights are fully protected throughout the process. If you and your child’s other parent disagree about the need for a modification, he or she may argue that your reasons for requesting a modification are invalid. An attorney can help you gather evidence that justifies your motivation for requesting a modification.

Never Stop Child Support Payments Without Notice

Understandably, some obligor parents may run into financial problems that reduce their ability to pay child support. However, if you are required to pay child support and you fail to fulfil your obligation, you can face serious consequences including fines, wage garnishment, driver’s license suspension, and in extreme cases, even criminal penalties. If you lose your job, experience a major increase in expenses, or have another financial issue that reduces your ability to pay child support, notify the other parent and the court as soon as possible. Do not simply stop paying support and expect things to be just fine.

Contact an Arlington Heights Child Support Lawyer

If you want to learn more about modifying your child support order, contact Cosley Law Office. Call us at 847-253-3100 today and schedule a free consultation with a Rolling Meadows family law attorney to discuss your needs.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm