How Can I Change My Child Support Obligation?

 Posted on October 08, 2019 in Divorce

Child support ensures that unmarried or divorced parents share the financial responsibilities of raising a child. Illinois courts calculate child support payments using the "income shares" model, and the amount of child support to be paid is based on the income of both parents, the amount of parenting time each parent has, and a number of other factors. If either parent wishes to change the child support order once it has been entered, he or she must petition to court to make this change.

Requesting a Child Support Modification  

Illinois child support orders can only be modified under certain circumstances. Child support orders are eligible for a modification review every three years. Parents can also request a modification if they can prove that a major change in circumstances necessitates the modification. Illinois courts have broad discretion to decide what constitutes a substantial change in circumstances. Some of the most common reasons that parents request a child support modification include:

• The children being supported have significantly increased financial needs. For example, one of the children was diagnosed with a serious medical condition and requires expensive medical care.

• Either parent experiences a substantial change in his or her financial status, including a major increase or decrease in cost of living expenses. This change could be due to increased income, decreased expenses, the termination of spousal maintenance payments, or another reason.

• Either parent experiences a decrease in income, job loss, or major increase in expenses. If a voluntary change in employment which leads to decreased income is made “in good faith,” the court may consider reducing the paying parent’s child support obligation.

• One of the parents remarries and has a substantial change in financial circumstances.

Never Cease Child Support Payments Without Notification

If you are a parent who is worried that you cannot afford your current child support obligation, it is crucial that you take the proper steps to modify your child support order. Never simply stop or reduce payments on your own. Not paying court-ordered child support can lead to wage garnishment, property liens, driver’s license suspension, and additional fines and penalties. In extreme circumstances, parents who do not pay child support can be arrested and charged with a criminal offense.

Contact a Wheaton Child Support Lawyer

If you need to reduce the amount of money you pay in child support every month, or if you are a recipient parent who would like to petition the court for an increase in child support, contact a DuPage County family law attorney. Schedule a confidential consultation at The Stogsdill Law Firm, P.C. by calling us at 630-462-9500 today.

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.illinois.gov/hfs/ChildSupport/About/AdvisoryCommittee/Pages/FAQs.aspx