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How Can I Change My Child Support Obligation in Illinois?

Posted on in Divorce

Hinsdale child support attorney

Child support can help divorced or unmarried parents share the costs of raising their children. Child support orders in Illinois are created using the Income Shares method. This means the amount a parent pays in child support is based on several factors, including the parents’ income, the amount of parenting time each parent has, and the expenses that are necessary to provide for children's needs. Sometimes, a parent needs to modify the amount he or she pays in child support. However, certain criteria must be met in order for Illinois courts to grant a child support modification.

Orders Are Eligible for Review and Modification Every Three Years

Illinois assigns child support orders that are fair and reasonable based on the parents’ financial circumstances and the child’s needs. Because of this, parents cannot change a child support order simply because they want to pay a lower amount. Child support orders are automatically eligible for review every three years. During the review, the current child support balance, the non-custodial parent’s employment circumstances, and other applicable information may be analyzed. If it is determined that the child support obligation needs to be adjusted, the case can be submitted for modification.

Orders Can Be Modified if There Is a Major Change in Circumstances

If it has not been at least three years since your last child support review, your child support order can only be modified if you, the other parent, or your child has experienced a substantial change in circumstances that necessitates the modification. Circumstantial changes that may call for a modification to child support include:

  • The child’s needs have significantly increased. For example, if the child is experiencing a major health problem that is incurring steep medical bills, the child support order may be eligible for modification.

  • The recipient parent’s financial circumstances have changed significantly.

  • The obligor (payor) parent’s financial circumstances have improved, and he or she is now able to pay more in child support. For example, if the obligor parent’s income has increased significantly, or he or she no longer must pay spousal maintenance for a previous relationship, the child support order may qualify for a modification.

  • The obligor parent’s income has decreased due to loss of employment, increased expenses, or other reasons.

  • There has been a major change in the allocation of parental responsibilities or parenting time.

  • The child’s financial resources have increased significantly. For example, if the child receives a sizable inheritance, the obligor parent may qualify for a reduced child support obligation.

Contact a Cook County Child Support Lawyer

Financial support for a child after a divorce is essential to his or her upbringing. Illinois child support orders are eligible for review and possible modification every three years. In some cases, child support can be modified if there is a substantial change in circumstances that requires an amendment to the terms. These changes are often considered to be in the best interest of the child. For help requesting a child support modification in Illinois, contact an experienced Hinsdale divorce attorney at Botti Marinaccio, LTD. Schedule your confidential consultation by calling our office today at 630-575-8585.

 

Sources:
https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx
http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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