When Can an Illinois Child Support Order Be Modified?

 Posted on September 06,2019 in Family Law

Some of the most difficult concerns you will face during your divorce are the issues that are related to your children. Many parents worry about the well-being of their child when they get a divorce, both emotionally and financially. The state of Illinois believes that both of a child’s parents have an obligation to financially provide for that child, so almost all divorce cases involving children also involve child support. The amount of child support payments will depend on a variety of circumstances, including each parent’s income, the number of children that support is being paid for, and how parenting time is allocated between the parents. Once a support order is established, that order will remain in effect until the child reaches adulthood -- unless a parent requests that the order be changed.

Modifying Child Support

Every three years, an Illinois child support order is eligible for a modification review. If the order has not yet passed the three-year mark, or if the need for a change is urgent, then a parent may be able to still have the child support order modified. In these cases, a “significant change in circumstances” must be proven before modifications can be made to the child support order. 

What Is a “Significant Change in Circumstances?”

By far, the most common way a child support order is changed in Illinois occurs when one of the parents claims that new circumstances warrant a modification. Illinois courts are given broad discretion when it comes to determining what does and does not qualify as a significant change in circumstances.” Here are some examples of changes that may require a modification: 

• Increased needs of the child, including educational or medical needs

• A cost of living increase for either parent, such as increased rent payments

• A change in the financial situation of either parent, such as the loss of a job

• A change in the allocation of parenting time

• Remarriage of either parent

A Mokena, IL Child Support Order Modification Attorney Can Help

There are a variety of circumstances in which the amount of child support that is paid each month should change. If you believe that you or your ex-spouse have experienced a significant change in circumstances, you should contact a Will County child support order modification lawyer as soon as possible. At Wakenight & Associates, P.C., we understand how important child support payments are for many families, and we can help you make sure your child receives the amount of support that they deserve. Call our office today at 815-727-6144 to schedule a free consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm