How to Request More Child Support in Illinois

 Posted on June 27, 2022 in Child Support

When a marriage dissolution is finalized, a divorce decree is drafted. A divorce decree is a legally binding document that expresses all decisions made in a divorce arrangement, including custody arrangements, property division, and spousal maintenance. The court enforces a divorce decree, and must be upheld by both parties. However, individuals can make changes within a divorce decree when necessary.

Requesting Additional Child Support

It is not uncommon for parents to require more child support after the initial divorce decree is finalized. Lifestyle changes following a separation or divorce can drastically affect a parent’s ability to provide for their children. For example, a mother may have been able to support her children with the child support amount expressed in the divorce arrangement, but she recently finds herself unemployed. In this case, the mother must request more child support from the state.

When Can I Modify My Divorce Decree?

Divorce agreements are eligible for modifications every three years. The court reviews these modifications to adjust legal documents to best fit a family’s current lifestyle. However, a decree modification can be requested before the three-year mark when there is a significant need for reevaluation.

According to Illinois law, a significant change in circumstances is required to justify a new child support order. A significant change in circumstances might include:

• A parent was laid off from their job and can no longer financially support the children
• A child developed a condition that requires additional financial support
• A parent developed a condition that rendered them unable to work
• A parent receives a wage cut at work and needs more financial support
• The non-custodial parent can no longer afford their child support payments

How to Submit a Modification Request

Parents can request more child support by submitting a divorce decree modification request to the court. The court will review each parent’s ability to pay and the circumstances surrounding the need for more support to determine if more child support is necessary. The court will typically review:

• Each parent’s ability to pay
• Each parent’s employment status and wages earned
• The children’s financial needs

According to the Illinois Department of Healthcare and Family Services, parents can track a child support modification to an Illinois court through The Child Support Modification Mobile App available for Apple and Android products. Parents can review their modification request and status and speak to an online specialist within the mobile application. However, suppose you are a parent needing to submit a child support modification request to the court. In that case, it is in your best interest to reach out to an attorney who can represent your needs.

Ask a St. Charles, Illinois, Family Attorney

At Weiler & Associates, Inc., our team of skilled St. Charles, Illinois, family attorneys is committed to providing stellar legal services to our clients. Our attorneys have years of combined experience representing families across various legal issues, including divorce decree modifications. We are available to help answer your questions regarding divorce and family law matters. Please reach out to us at 630-331-9110 today.

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx