Can I Modify An Existing Child Support Order in Illinois?

 Posted on March 08, 2021 in Child Support

In divorce cases that involve children in Illinois, one of the issues that must be addressed is child support. In Illinois, the financial duty of raising a child is not the responsibility of solely the custodial parent -- both parents have a legal obligation to financially provide for their children. Typically, the parent with the least amount of parenting time will pay the other parent support each month until the child’s 18th birthday or until they graduate from high school, whichever comes later. The amount of child support that each parent is responsible for is determined by using a formula that takes into account both parents’ incomes and parenting time shares. Over time, the factors used in that equation or your life circumstances may change and the amount of child support currently being paid may no longer be sufficient. Fortunately, it is possible to modify your support order in Illinois.

Common Significant Changes in Circumstances

There are only three reasons why a child support order is permitted to be modified: Either parent can demonstrate that there has been a significant change in circumstances, the support order has been found to deviate from the support guidelines, or the child’s healthcare needs have changed. The most common reason, however, for child support modifications tends to be significant changes in circumstances. Some of the most common changes can include:

• The child’s needs have changed. Child support should first and foremost be centered around your child. If his or her needs have changed since the support order was first entered and they now require more financial support, the court will likely recalculate the child support formula accordingly.

• Either parent experiences a change in income. Either parent can petition that they have experienced a change in income and request to change the child support obligation. This change in income can be either an increase or decrease, but generally, it needs to be significant.

• Either parent gets remarried. Remarriage is not in itself a reason for an automatic child support modification. If either parent gets remarried, the support outcome is largely based on the individual circumstances of each family.

Our DuPage County Child Support Attorneys Are Here to Help

Child support orders are eligible for review automatically every three years under Illinois law. However, significant changes in your life circumstances may come at times when your order is not eligible for review. If you wish to petition the court to modify your child support order, you need the assistance of an accomplished Naperville divorce lawyer. At the Law Office of Ronald L. Hendrix, P.C., we can help you work out a new support order that works for both you and your child’s other parent. To schedule a free consultation, call our office today at 630-355-7776.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

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