How Long Child Support Modifications Take in Illinois

 Posted on December 14, 2023 in Child Support

Modifying child support is not a daunting task. The support amount received is based on the current parenting time schedule and the incomes of both parents. During a motion to modify child support, both parents are obligated to exchange affidavits to clarify income earnings over the last two years. New child support payments can then be calculated using this information and how many overnight stays a child spends with each parent. An attorney can help you calculate your potential child support payments and help file for a child support modification if necessary.

Child Support Deviations

Deviations in child support are when the amount entitled goes up or down in total and will depend on many factors, including a judge’s discretion. Parents will often argue that child support is too much or not enough, and a court will decide if either is true when considering a modification. Each modification is evaluated on a case-by-case basis and is considered binding until another motion for modification is filed.

Once a new total is calculated, a judge will enter a Uniform Order for Support to legalize the new obligated monthly amount for child support. The modification, on average, should be processed within six months. However, there are circumstances where the process for a child support modification can be slowed down.

What Causes The Child Support Modification Process to Slow Down?

When one party refuses to turn over their financial affidavits or provides one that falsely reflects their total earnings, it can slow down a child support modification. Overly busy courts can also slow the process because getting in front of a judge can take time, making modifying the child support amount more challenging. These circumstances can often extend the total time it takes to receive a court-ordered modification by months, sometimes taking up to an entire year to process.

Do I Need To Go To Court To Modify Child Support?

Child support that has already been court-ordered can only be modified through the court. Therefore, the child support payment amount and frequency are already set and enforceable by the court order. Failure to adhere to the court order will have severe consequences as the child support obligation remains in effect regardless of whatever the parents work out together. No matter if one parent loses their job or comes into a substantial amount of money, the only amount owed by the child supporter is what has been established by the court order.

Contact a DuPage County, IL Family Law Attorney

Child support obligations are not tricky to understand. They are provided plainly by the court order received following a divorce or separation. Modifications will require filing a motion and a judge’s discretion. As such, it is important to have the best legal representation. Contact the The Law Office of Matthew M. Williams, P.C. to secure yourself an experienced Aurora, IL child support modifications lawyer today. Dial 630-409-8184 to set up an appointment.