Can I Legally Change My Illinois Child Support Order?

 Posted on January 22, 2020 in Order Modification

The state of Illinois believes that both parents have the responsibility to financially support their child, even if a parent does not necessarily have an active relationship with him or her. This is why child support exists. In Illinois, child support is ordered in most divorce cases, but it can also apply to situations where the parents of a child are not married. Child support is determined using a formula and a set of rules that take into consideration the number of children you have, both parents' income, and how much it costs to cover the child’s necessities. Typically, child support orders are entered during the divorce process or if the parents are unmarried when the couple splits. Life is unpredictable, and sometimes circumstances change from what they were when the child support orders were first created. In situations such as this, you may find yourself asking, “Can I change the support order?”

Eligibility for Modification

When a child support order is entered, you are required to pay child support until the child turns 18 or graduates from high school, whichever is later. If you wish to modify the amount of child support you pay each month, you have to meet certain requirements. Before your child support orders can be amended, one of the following must be true:

• At least three years have passed since the child support order was entered or has been modified.

• The current child support order does not address healthcare coverage for the child.

• There has been a substantial change in either parent’s income.

• There has been a substantial change in circumstances, and either parent has provided a written request for reviewing the support order.

What Is a “Substantial Change in Circumstances?”

Most of the time, child support orders are changed because there has been some type of significant change in one parent’s circumstances. This can be interpreted in many different ways, but the court will look at a variety of factors to make a determination about a new child support payment amount. In addition to the original factors that were used to calculate the amount of child support, the court may also look at:

• Whether or not either parent has any impairment to his or her present and future earning capacity

• The tax consequences that the child support payments would have on both parents

• Any change in the employment status of either parent and whether or not that change was in good faith

• Any change in the income of either parent

• The duration that the support payments have been made and will be made

• Any other factor the court deems to be relevant

Contact a St. Charles, IL Divorce Attorney

Sometimes it is necessary to change the amount of child support that is being paid, whether due to an increase or decrease in income, a change in the child’s needs, or for other reasons. If you believe that your child support order should be modified, you should get in touch with a knowledgeable Kane County child support lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you throughout the legal process of obtaining a modification order. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

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