Can I Petition to Modify Child Support in Illinois if I Found Out My Ex Got a Raise? 

 Posted on February 08, 2022 in Family Law

After an Illinois divorce involving children under the age of 18, one parent is usually ordered to pay the other parent child support. While both parents’ incomes are taken into consideration for the purposes of determining child support payments, it is generally the parent with the majority of parenting time who receives child support payments. 

Life with children changes frequently and the parent receiving child support may be sensitive to the idea of receiving more support when it would benefit the children. He or she may want to keep track of their ex-spouse’s income and petition the court for an increase in child support if the ex gets a raise. But not every raise is an automatic guarantee of increased payments. If you are receiving child support in DuPage County and believe your child’s other parent got a raise and should be paying more, this blog may be helpful to you. 

Does a Small Raise Justify a Small Increase in Child Support? 

To prevent litigious parents from constantly pursuing specious cases against each other, Illinois courts are fairly strict about when child support may be modified. Generally speaking, a support order can only be changed if at least three years have passed since the original child support order was decreed, or if one parent has had a substantial change in circumstances. 

Because the word “substantial” is somewhat open to interpretation, it can be difficult to predict exactly when a court will approve a petition to increase child support. If a parent works full-time making 18 dollars an hour and receives a raise of 50 cents, that is unlikely to be seen as a “substantial” change in circumstances. But if the same parent changes jobs and begins making 30 dollars an hour, his lifestyle is likely to change significantly. Such an increase in salary may be seen as a significant change in circumstances. 

Other Significant Changes May Justify Child Support Modification

A raise is not the only change that may warrant a modification to the child support order. Other situations include, but are not limited to: 

• Due to no fault of their own, the parent paying child support lost their job

• The parent receiving child support started making significantly more money

• A child develops or is diagnosed with a developmental or educational disorder or illness requiring supplemental healthcare or educational support 

• A child turns 18 and drops out of high school

• A child moves out of the receiving parent’s home

• A child gets married, joins the military, or becomes emancipated 

If you have questions about whether your or your ex’s change in circumstances warrants a change in child support, a family lawyer may be able to help. 

Call a Wheaton Child Support Lawyer

Petitioning for a modification in your child support order can provide an increase in much-needed financial assistance for your family. However, it is important to understand when this option may be available so you do not waste time and valuable resources pursuing an unsuccessful petition. Fortunately, the experienced DuPage County child support attorneys with The Stogsdill Law Firm, P.C. have helped many parents successfully bring a petition for a child support modification before the court, and they may be able to help you too. Call The Stogsdill Law Firm, P.C. today at 630-462-9500 to schedule a confidential case review. 

Source: 

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