Can I Appeal a DuPage County Child Support Order?

 Posted on April 21, 2022 in Divorce

Most parents would agree that child support is important for raising children and ensuring they have what they need. However, not all parents agree on the amount or duration of child support payments set by an Illinois court, which may seem arbitrary and unfair. This is especially true for parents who were never married and with whom the child did not share a specific standard of living before a divorce. 

While child support payments are ostensibly based on both parents’ incomes and the time they spend with the child, courts can make mistakes, parents can lie about their income, and other factors - such as pre-existing child support or spousal support orders - can make a new order untenable for the paying parent. If you want to appeal your child support order, whether you are sending or receiving payments, read on. 

Successful Child Support Order Appeals Are Possible, But Rare

Courts want to discourage parents from constantly bringing new cases for modification to harass each other. Therefore, courts will generally only reverse a child support order in unusual circumstances and usually only if an appeal is made within 30 days of the original ruling. These circumstances include: 

• Abuse of discretion - While a court has wide leeway to be flexible when determining child support payments, sometimes this discretion can be abused. 

• Error of fact - If one parent lied about their income or a trial court made a mistake when calculating child support payments, this may be grounds for an appeal. 

• Substantial change in circumstances - if a parent lost his or her job immediately after a child support order was created, a court may allow that parent to appeal the child support order. However, courts are suspicious of parents who appear to be working less than they should to avoid paying child support. 

Can An Ex’s Refusal to Let Me See My Children Be Grounds For An Appeal? 

Child support and parenting time are separate issues under Illinois law. Withholding child support does not change a parent’s obligation to follow a parenting time agreement; likewise, withholding parenting time does not abrogate a parent’s responsibility to make child support payments. However, if a parent consistently and severely violates a parenting time order, the parent paying child support may be able to successfully have their payments terminated. The violations of the parenting order must be extreme; deliberately missing a few weekends will not make child support payments stop. If your child’s other parent is preventing you from spending time with your child, it is worth seeking a court order of enforcement, and an attorney can help you with this as well. 

Meet with a DuPage County Child Support Attorney

Managing issues of child support for unmarried parents can be challenging. The skilled DuPage County child support lawyers with The Stogsdill Law Firm, P.C. have worked with many parents to resolve a variety of child support issues and are ready to help you understand your options with your appeal. Call us today at 630-462-9500 to schedule a consultation and discuss your case with one of our experienced team members. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000