Child Support Modification in Illinois

 Posted on December 00,0000 in Child Support

So you have gone through all of the steps and jumped through all of the hoops to request and receive child support. But now you have a substantial change in your life, which will require a change in your child’s support. Though it is not impossible to make a modification to the child support orders, it can be a tedious process due to the requirements that need to be met before you can have the modifications granted.

Can I Ask for a Child Support Modification?

Once a child support order is issued, the non-custodial parent must pay child support until the child turns 18 or graduates from high school, whichever is later. Existing child support orders can go through the modification review process if:

• It has been at least three years since the establishment of the order or the last modification review;
• There is a substantial change in the non-custodial parent’s income;
• The order does not address health care for the child; or
• A parent sends a written request for review to the Department of Child Support Services.

What Constitutes a Substantial Change in Support Modification Proceedings?

In support order modification proceedings where a substantial change is the sole driving factor, courts will look at the factors used to originally determine child support, such as the needs of the parents and the child, but they will also consider the following factors:

• Changes in the employment status of either parent and whether the change has been made in good faith;
• Any impairment in the present and future earning capacity of either parent;
• The tax consequences of support payments with respect to the financial circumstances of each parent;
• The duration of the support payments paid;
• The property awarded to each spouse upon the divorce;
• The increase or decrease in each parent’s income since the last review; and
• Any other factor the court finds relevant.

Get Help from a Kendall County Child Support Modification Attorney

Typically, Illinois courts only change or modify child support orders if either parent shows a significant change in circumstances, but there can be other reasons. If you feel that you need to make a change to your child’s support orders, you should contact a skilled and compassionate Aurora child support lawyer. The Law Office of Matthew M. Williams, P.C. can help you make a case to have your child’s support orders changed for the better. Call the office at 630-409-8184 to set up 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