Can I Appeal a Child Support Order After an Illinois Divorce?

 Posted on June 10,2024 in Child Support

When a judge decides who should pay child support and how much, he or she issues a child support order. A child support order is a court document that contains the details of the judge’s decision, including:

• Who must pay child support

• The amount of the payments

• How often each payment must be made

It is common for parents to want to appeal a child support order, especially if their circumstances have changed. However, courts are reluctant to make any changes to a child support order, particularly within the first two years. That is why an experienced Illinois attorney should handle your appeal, which is also known as a request to modify the child support order.

This article will discuss how judges issue child support orders and when you can request a child support order modification.

How Do Courts Make Decisions About Child Support?

Courts may order one or both of the child’s parents to pay child support. A judge decides who should pay and how much by looking at several factors, including:

• The income of each parent

• Which parent has the majority of parenting time, or physical custody

• The financial resources of the child

• The financial needs of the child

• The financial needs of each parent

• The standard of living the child had during the marriage

• The child’s physical and emotional condition

• The child’s educational and developmental needs

• The employment status of each parent

Some of these factors will carry more weight than others. 

When Can You Modify a Child Support Order?

Sometimes you can ask the court to modify the support order if some of the above factors have changed. If you lose your job, for example, a judge might be willing to reduce your child support obligation. The same thing applies if your co-parent secured a high-paying job.

Keep in mind, however, that the court will look at why you are unemployed. If you quit your job, a judge might not be sympathetic. Furthermore, courts also look at your future earning potential. This means that a judge will look at things like your education level and job experience and will determine how much time you should be given to find employment.

Contact an Oswego, IL Child Support Lawyer

Courts are reluctant to modify child support orders without a strong reason. And even if you have a strong reason, the judge will look at several different factors when making a decision and you might not get the result you want. There is no formula that guarantees a judge will agree to modify a child support order. An experienced Kendall County, Illinois child support attorney, however, knows how a court is likely to view your specific case.

At the The Law Office of Matthew M. Williams, P.C., you will work with a seasoned and experienced child support attorney who will spare no effort to get your child support order modified. Call 630-409-8184 today to schedule a consultation and to receive top-tier legal services.