Changing Your Illinois Child Support Order

 Posted on October 06, 2016 in Child Support

Either parent has the right to ask for a change in his or her Illinois child support payments if there has been a substantial change in circumstances since the last order. There are certain types of changes that might qualify as a substantial change in circumstances. Depending on the situation, the Court can decrease or increase the amount of the child support payments.

What Qualifies as a Substantial Change in Circumstances?

There are a number of different situations that might constitute a substantial change in circumstances for the purposes of a modifying a child support order. Sometimes, these situations might result in a decrease in a child support obligation:

• The parent who pays child support loses his or her job;
• The parent who pays child support becomes disabled and unable to work;
• The child no longer lives with the parent receiving support;
• The child has turned 18 and is no longer in high school; or
• The child marries or enters the military.

In other cases, there may be a situation in which the child support order decreases:

• The parent who pays child support gets a significant raise or a new job that greatly increases his or her income;
• The child has a disability that necessitates additional support;
• The needs of the child change and require more support; or
• The child is now living with the parent who pays child support most of the time.

How Will My Child Support Order Change?

The amount of a child support order cannot change without parents going to Court. The Judge must issue a new child support order in order to change the existing child support order. Illinois law determines how much your child support payment will be. If there is more than one child on your child support order, the amount might change if one of the children becomes an adult, thus decreasing the number of children on your order. If there is only one child on your child support order, then child support payments may stop altogether. The change in the child support amount can only go back to the date that the parent asked the Court to change the child support payments.

The Child Support Modification Process

When one parent wants to change the amount of a child support payment, he or she must file a petition to modify child support with the Court. The parent who wants to change the child support amount must give the other parent notice that he or she filed the petition in accordance with Illinois law.

Contact Your Palatine Child Support Lawyer for Help Today

Child support amounts always are subject to modification, and there is likely to be a substantial change in circumstances during the life of your child support order. The Law Office of Nicholas W. Richardson, P.C. is here to help you with your child support or family law case as the need arises. Attorney Richardson knows how complex these cases can be and how essential experienced legal assistance can be for you. Allow this office to handle the legal aspects of your case, while you focus on your family. Call the office today at 847.873.6741 and schedule a consultation with an experienced Palatine child support attorney.

Resource:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505