How Do Changes in Income Affect Child Support?

 Posted on December 16, 2022 in Child Support

Changes in income for either parent can significantly affect child support payments. If the non-custodial parent’s income increases, the court may increase the child support they must pay. If the non-custodial parent experiences a decrease in income or becomes unemployed, the court may reduce the amount of child support.

Either parent can petition the court to modify their child support payments if there is a significant change in income. The process usually involves filing a formal request with your state’s family court system and providing evidence of income change. Depending on the situation, both parents may be required to attend a hearing and present their case before the court.

What to Keep in Mind During the Process

In Illinois, the Department of Child Support Services will review child support payments every three years unless a parent petitions for an earlier review based on a substantial change in circumstances. 

When considering an administrative child support order modification because of income change, the DCSS will review both parents’ incomes and decide based on what is best for the child. If the child support order was entered by the court, the court will review the parents’ financial information and issue a modification. The new amount of child support may increase, decrease, or stay the same. The court does its best to ensure that both parents are contributing their fair share for the child’s needs. If you are unsure of how the court will rule or need help with the process, it is best to seek legal advice.

No matter the circumstances, it is important to stay up-to-date on changes in income so that you can file for a modification if necessary. Doing so will not only help ensure your children receive their due financial support but also keep the relationship between both parents on good terms. If you remain in communication with each other during this process, it can help ensure that any changes to child support payments happen smoothly and fairly.

What if a Parent is Changing Their Income Just So They Do Not Have to Pay?

If a parent intentionally quits their job or takes on a lower-paying job to avoid paying child support payments, the court will consider this when making a decision. The court could require a certain amount of support based on what the parent’s income would have been if they weren’t dodging child support. The court will also consider the child’s best interests when deciding whether to grant a child support modification or not.

Contact a Rolling Meadows Divorce Attorney

With child support matters, it is beneficial to have proper legal guidance. Our Arlington Heights child support lawyer can help ensure you are on the right track to navigating your child support modification. Call 847-253-3100 or contact us online to schedule a free initial consultation.

Source: 

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx