Child Support Order Modification

 Posted on December 00,0000 in Children of divorce

Orders entered for the payment of child support are far from uncommon. In Illinois alone last year, the state facilitated almost 500,000 support cases with payments totaling nearly $290 million. There is little reason to believe this year will be much different.

Illinois statutes require both parents, regardless of their marital status, to assist in providing for their children. Physical, emotional, educational and medical needs of the child are among those that the law expects all parents to help meet.  When the parents are not married, separated or divorced, some sort of support order or arrangement will typically be entered by the court. In such a situations, parents may choose to negotiate an agreement between themselves to present to the court, but absent an agreement, Illinois law specifies a method to calculate the amount of support expected to be paid.

Once a support order has been entered, it becomes enforceable by law and violations are punishable by probation, fines, and/or prison. However, as a family’s situation may evolve over time, the original support order is not always equipped to accommodate change. Instead, it is usually understood that orders may need to be revisited at least periodically or when there is a major life change.

The Illinois Department of Healthcare and Family Services, Division of Child Support Services (DCSS) “conducts modification reviews of child support orders to ensure child support awards are in line with Illinois law and changing circumstances.” As a matter of routine, DCSS notifies parents of their rights to request a review at least every three years. A review may be conducted if:

• It has been at least three years since the order (or last review) was entered;
• The non-custodial parent experiences a substantial change in income;
• Healthcare coverage for the child was not addressed; or
• DCSS receives a written review request from either parent or another state.

If the request for a review is granted, DCSS will collect income information from both parents and reconsider the support obligation. This can provide relief, for example, for someone who is paying support and is suddenly injured and unable to work.

Based on the same considerations prescribed by law for the original order, the new information allows DCSS to recommend the support award be increased, decreased, or kept the same. The parents are then notified of the results and are given 30 days to request an appeal or a hearing. If accepted, the modification is entered as part of the order and becomes enforceable by law.

If you are currently making or receiving child support payments in Illinois and would like to have your order reviewed, contact an experienced DuPage County family law attorney. We can help you understand the law as it relates to your situation and make sure your rights are protected.