How to Modify Child Support in Aurora, Illinois

 Posted on January 24, 2022 in Child Support

In the state of Illinois, paying child support is an independent parental obligation. The state sees it as the right of a child to receive financial support from both parents. However, you may be able to adjust your child support obligation through a child support modification in Illinois. By speaking with a skilled divorce or family law attorney, you may be able to adjust your child support order.

Factors for Child Support Modification

Every three years, child support court orders may go under review for modification. However, this process can be expedited if there are significant changes in the child or parents’ lives. The factors include:

• Significant changes in the financial situation of the non-custodial parent (both increases and decreases to income)

• Change in the child’s care needs

• Change in the parent’s employment status

• Changes in the amount of time a parent can care for the child

In Illinois, child support orders are determined through a shared process by taking each parents’ income and comparing it to the Income Shares Schedule to find an equitable child support order. If the non-custodial parent, or the parent with less parenting time, has seen a large shift in income, the parents may qualify for a child support modification. Changes in the custodial parent’s income may also necessitate an adjustment. Similarly, it is the responsibility of both parents to ensure the child is taken care of properly. If the child develops a medical condition and suddenly requires expensive treatment, modifications can be made to ensure both parents are financially contributing to the child’s needs.

How an Attorney Can Help

If you believe you are entitled to a child support order modification either as the non-custodial or custodial guardian of the child, reaching out to a divorce or family law attorney is critical. Parents must first submit a petition to the Illinois Department of Child Support Services (DCSS) to display the need for the modification. Within 15 days of a modification request, you will be required to fill out and submit a Certification of Income and Expenses form (HFS 2782) to establish the financial situation leading to the child support order change. Your attorney will help you assemble all of the required information, including detailed financial documentation, needed for the petition and guide you through the DCSS review process.

The decision to approve the request is ultimately up to DCSS, however, in the case the department does not approve your written request for modification, your attorney can petition this decision in court and may be able to override a request denial.

Contact an Aurora, Illinois Divorce Attorney

To discover if you are eligible to request a child support modification in Aurora, Illinois, reach out to the The Law Office of Matthew M. Williams, P.C.. Our office can guide you through the process of submitting the correct request forms, answer any questions you have regarding the process and take all the necessary steps to assist you through this process. Call North Aurora family law attorney Matthew M. Williams at 630-409-8184 to schedule an initial consultation.

Source(s):

https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx