How Can I Request a Child Support Increase?

 Posted on September 20, 2023 in Divorce

Rising costs in Illinois after COVID-19 have strained many people, making it tough to manage finances. Amid labor shortages, some employers boosted pay to keep employees. If you suspect your ex received a substantial raise, you can petition the court to reassess child support payments. If you have custody of your children and need increased child support to cover added expenses, consult an Illinois attorney for guidance on modifying your support order.

What Is the Process to Change a Child Support Order?

Child support is typically paid to the parent who is awarded the most parenting time and with whom the child lives. The non-residential parent is the one who pays child support. Under Illinois law, if you want to change the amount of money you pay or receive for child support, there is a legal process you must follow. You need to prove to the court that there has been a significant change in your circumstances that justifies adjusting the child support payments. This legal adjustment is often called a modification.

If you know that your ex-spouse got a higher-paying job while you are facing increased expenses, you can ask the court to reconsider your child support payments. To succeed in modifying child support, you must demonstrate substantial changes, such as a significant income increase or decrease, a change in custody arrangements, or other substantial shifts in your financial situation. The court will carefully evaluate these changes before deciding whether a modification is warranted.

How is a Child Support Amount Decided?

The court determines how much money is needed to care for a child by looking at both parents' incomes together. Then, they split this amount between the parents, considering how much money each parent gets after taxes and other deductions. They also consider how much time each parent spends with the child and their responsibilities to the child.

Usually, the law has clear rules to decide how much child support should be paid each month. But sometimes, there can be arguments about what counts as a parent's net income and whether extra money should be given for things like the child's health, education, and activities outside of school.

Schedule a free consultation with a St. Charles, IL Child Support Lawyer

At Shaw Sanders, P.C., we understand that people's circumstances can change without notice. If you need to change your child support order, you need a Kane County child support attorney skilled at negotiating these cases. Call 630-584-5550 for a free consultation.