When Can I File for Child Support Modification in Illinois?

 Posted on April 12, 2023 in Child Support

If there have been changes to your child’s needs or a parent’s financial situation, modifying your child support order might be necessary. An Illinois child support order can be reviewed for modification every three years. Still, if there are significant changes in circumstances, the court may allow the modification to happen before the three-year mark. You must file the correct paperwork when deciding to make modifications. A child support attorney can help.

Grounds for Modification

The court will then listen to your case if it has one of the following:

• A substantial change in either parent’s financial situation
• It has been at least three years since the child support plan was put into order
• If the previous order did not address healthcare coverage for the child
• If a written request is for review by DCSS from a custodial parent, non-custodial parent, or another state

Reasons For Modifications

Child support orders can only be modified if there have been considerable changes in circumstances. This may need clarification, as the law does not explicitly outline what that could mean. Below are a few examples of changes that may require child support modifications.

• Your child’s needs have increased - If a child’s needs have increased, then the court will first look to ensure that there is no imbalance in the amount each parent is paying. They will compare parenting time and how much they are paying. If there is an imbalance, the court will modify it.
• Improved finances - If the paying parent’s financial situation improves, the amount they pay for support could increase.
• Decrease in finances - If the paying parent cannot afford support, the amount they pay could decrease.
• Financial changes - If the receiving parent has changes in their finances, the child support could decrease or increase depending on their situation as well as the financial situation of the paying parent.
• Remarriage - If either parent has been remarried, the court will look at the new financial commitments of the new spouse to acknowledge the future of their financial obligations.
• Custody changes - A primary factor of child support is calculating how long each parent has their child. In this case, custody and placement may need updating through the years.
• Emancipation - This is when the court allows the child to leave their parent’s custody and takes responsibility for themself. In this case, neither parent needs to continue paying child support.

Contact a Kane County Family Lawyer

At the The Law Office of Matthew M. Williams, P.C., we work intimately with these issues and are ready to work with you directly to help you understand your unique situation, circumstances, needs, and wants. We want to help you arrive at your ideal resolution and are ready to work with you to ensure you get the best possible outcome. Contact an Aurora child support lawyer today at 630-409-8184 and arrange an initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm