Three Situations in Which You May Need to Get a Child Support Modification

 Posted on April 22, 2022 in Child Support Modifications

Raising a child is expensive. Between childcare, housing, food, extracurricular activities, and educational costs, many parents struggle to make ends meet while still providing the life their child deserves. In Illinois, children have the right to receive financial assistance from both parents even if the parents are divorced or never married. Illinois child support orders are usually based on a mathematical formula that considers both parents’ net incomes. This ensures that the child support payments are reasonably affordable while still providing the child with what he or she needs. However, sometimes circumstances change, and the child support order is no longer appropriate. In this case, a parent may want to get a child support modification.

Changing a Child Support Order Due to a Change in Circumstances

When the court enters a child support order, the parents are expected to follow the order. Child support modifications are only granted in certain situations. It is also important to note that parents cannot modify child support on their own even if they agree to the change. Only the court can modify child support orders.

Per Illinois law, there are three main ways reasons that a court may modify a child support order:

• There has been a substantial change of circumstances necessitating the modification. For example, if the paying parent or “obligor” becomes disabled and can no longer work, he or she may be unable to afford the current child support order. The court has wide discretion to determine if a situation constitutes a substantial change in circumstances or not.
• A modification is needed to provide for the needs of the child. For example, if the current order does not adequately address the child’s healthcare needs, the court has the authority to change the child support order. Another example of this would be when a child needs special education services or attends a private school.
• There is a substantial difference between the child support order and the child support guidelines described by Illinois law. The child support order should not deviate significantly from the statutory guidelines. For example, if the recipient parent changes careers and now makes more money than the paying parent, keeping the same child support order would likely be unreasonable. The child support order would likely need to be modified to ensure the order is in line with Illinois law. A modification may also be needed if your income has changed gradually over a few years. 

Contact a Rolling Meadows Child Support Lawyer

If you have questions about child support or need help requesting a child support modification, contact the skilled Arlington Heights child support attorneys at the Cosley Law Office. Call 847-253-3100 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm