Illinois Child Support Modification Requirements

 Posted on December 00,0000 in Child Support

A common outcome of divorce when you have children and you are their primary caregiver is child support. Many families depend on these support payments each month from the other parent to ensure that the children are fed, clothed and have everything that they need. Once a child support order is entered, it cannot be modified or reviewed for at least three years -- unless there is a significant and substantial change in circumstances. A significant change in the family’s circumstances is actually the most common reason why a child support modification may be granted, although they can also be modified if the child support orders do not address healthcare for the child or if the child support orders deviate from the support guidelines.

What Constitutes a Significant Change in Circumstances?

The Illinois Marriage and Dissolution of Marriage Act has guidelines for almost any issue that may arise during an Illinois divorce. In the section about child support, the Act defines what the courts would consider to be a significant change in circumstances. In Illinois child support modification cases, a significant change in circumstances can include:

• An increase in the needs of the child: If the child has increased needs, then an increase in the amount that is paid in child support may also increase. The courts will still look at each parent’s financial situation and determine whether or not a change in warranted and which parent is in the best position to cover the increase in needs.
• A change in the paying parent’s income: Whether the parent who pays child support has an increase or decrease in income, this can be cause to change a child support order. The courts will look at what the cause was for the change in income and whether or not the change was made in good faith.
• A change in the receiving parent’s income: If the receiving parent’s income changes, this can also be a reason to modify a child support order.
• The remarriage of either parent: Just because a parent remarries does not automatically mean a child support order will change. The courts will look at the new financial situation of the family and will determine whether or not any increase in financial obligations and income of the new spouse warrants a change.
• A change in the allocation of parenting time: If there is a change in how parenting time is allocated between the parents, this can constitute a significant change in circumstances.

Get Help From a DuPage County Child Support Modification Attorney

Navigating the child support system can often be confusing and stressful. Requesting a modification may be easy, but when it comes to proving your case in court, that is when you need the help of an experienced Aurora, IL child support modification lawyer. Whether you are the one requesting a change in your existing child support orders or you are fighting a requested change, the Law Office of Matthew M. Williams, P.C. can help. Let us help you get the financial support that your child deserves. Call our office today at 630-409-8184 to set up a consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59