Child Support Order Modifications: Eligibility for Requesting Changes

 Posted on November 21, 2016 in Child Support

For many divorced parents, arranging a child support order can be a challenging process. While state programs and public assistance offer a reasonable amount of help, parents can often be at a disadvantage when it comes to obtaining an order and ensuring the payment conditions are met. This is especially the case for high-conflict couples who struggle with communication, anger, and hurt following their divorce. It can be difficult for the custodial parent to know where to turn as they pursue child support, especially when they are unfamiliar or confused about the laws that surround it, and the non-custodial parent can feel overwhelmed and unclear on the control and distribution of their funds.

When Are You Eligible to Request Modifications to an Existing Order?

Once you have done all the footwork and have secured a proper child support order, you may find you need to make changes to that existing order, depending on a number of different circumstances. The court usually looks at two factors in particular when determining whether or not your order is eligible for modification:

• Non-custodial parent income changes - In most cases, you can request a modification review if the non-custodial parent’s income has significantly increased or decreased. The revised order can reflect the changes in income and any other financial factors that may have changed since the original order went into effect. In general, families who receive public assistance typically receive a modification review every three years. If the supporting parent has lost their job or received a substantial raise, their order may be decreased or increased; and
• Availability of health insurance - Along with financial changes, health insurance changes will be considered when determining whether or not a child support order can be modified. For example, if there is a health insurance lapse due to a gap in employment or financial hardship, the court may consider these factors. Any change in medical coverage that will affect the child’s medical care should be addressed and reflected in the support order.

General Modification Procedures

The process for changing your child support order may vary depending on whether you are working directly through the Illinois child support program or with a private attorney. Your order may be changed via judicial process or administrative process. Generally speaking, the state will conduct a review and may apply a cost-of-living adjustment. To identify which orders are eligible for review, the state may also use automated methods that assess wage and state income tax data to determine any necessary adjustments.

If you are concerned about your current child support arrangements, consult with a knowledgeable Kane County child support attorney who can advise and assist you in the steps you need to take to request modifications. Call Shaw Sanders, P.C. today at 630-584-5550 and ask for a personal consultation.

Sources:

http://www.acf.hhs.gov/sites/default/files/programs/css/changing_a_child_support_order.pdf

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/FAQs.aspx#changed