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Can I Modify a Child Support Order in Illinois?
Child support and child custody are often the most contentious issues during an Illinois divorce, and once the dust on your divorce has settled, you may be wondering if it is possible to modify your Illinois child support order at any point. When there is a significant change in circumstances for the parent paying child support, modifications may be possible, though you will likely need the assistance of a knowledgeable Illinois child support attorney to navigate this process.
Common Modification Circumstances in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act, modifications are allowed in child support orders when there is a ‘substantial change of circumstances.’ However, the law does not define exactly what counts as a significant change in circumstances. Examples of situations that may lead to the need for child support modification include:
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Increased needs of the child, including increased medical or educational expenses
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Improved finances for the parent making payments, due to something like a salary decrease
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Worsened finances for the parent paying, due to injury, unemployment, or other expense increase
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Remarriage of either parent that comes with a change in financial obligations
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Changes to child custody or parenting plans that warrant a change in child support payments
It is important to note that a child support order may be modified to give more or less child support per payment period, depending on the specific circumstances and which parent is seeking the modification. However, courts are very sensitive to parents who try to get out of paying child support by intentionally quitting their jobs or by not trying very hard to find employment. If the paying parent is going through a hard financial situation, he may be able to get payments modified; a parent who could work but does not want to likely will not have a modification petition approved.
How Do I Modify My Child Support Order?
In addition to circumstances that require a change in child support, you can request a modification if a minimum of three years have passed since the order was put in place, the child support order does not address healthcare, or a request for review is received.
The first steps to modifying your child support order are to gather the evidence you need to request your modification, such as proof of unemployment or remarriage, and to contact a skilled child support lawyer. Your attorney can help you file the correct modification request documents with the court and advise you as you navigate this process. Your attorney will help you prepare for the modification request hearing to give you the best chance at having your petition approved.
Contact a St. Charles, IL Child Support Lawyer
Child support payments can be a stressful issue, and parents may feel the need to request modifications to the payments they make or receive. The assistance of an experienced Kane County, IL child support attorney is often necessary to navigate this process and advocate for the child support modifications you need.
Our attorneys at Shaw Sanders, P.C. are highly experienced and skilled with complex issues such as child support, and Attorney Matthew G. Shaw is also certified as a mediator. We will help guide you through your child support modification case and work to achieve the best outcome possible. Call 630-584-5550 for a free consultation.
630-584-5550