When Can a Parent Request a Child Support Modification in Illinois?

 Posted on April 09, 2021 in Child Support

It is no surprise that a person’s financial health is often subject to ups and downs, depending on what is going on in society and what is going on in their own personal life. The current COVID-19 pandemic is a perfect example of how significant our finances can be impacted due to circumstances beyond our control. It is situations such as this, where a parent may seek modifications to an existing child support order. Under Illinois law, there are unforeseen circumstances that arise and these can bring forth a need to modify the court-ordered child support that is in place.

When Is an Appropriate Time to Ask for a Child Support Modification?

Under current Illinois law, child support may be reviewed for modification every three years or if there has been a significant change in either the child’s needs or in one of the parent’s income. Child support cannot be retroactively changed, so if you think your child support orders need to be modified, it is in your best interest to act sooner versus later. Other reasons to consider a child support modification is if either parent has: 

·       Become disabled

·       Been deployed in the military

·       Been incarcerated

·       Gotten married and had other children

·       Had an increase or decrease in their parenting time

·       Had major changes to their income

·       Lost their job or taken a new job

According to national statistics, Americans born between 1957 and 1964 held an average of 11.9 jobs by the time they reached 50. Younger generations are expected to hold twice that number of jobs, or more, in that time span. All of these changes often mean major changes in income.

Examples of changes in the child’s needs that could indicate a needed modification in child support include educational cost increases or an increase in medical expenses because of an illness or injury.

Who Can Ask for a Child Support Modification?

Either parent can request a modification of child support. If the custodial parent believes that the paying parent can now afford to give more, and the child’s needs call for that increase, they may initiate a modification. Similarly, if, for example, the paying parent lost their job, they could request a modification because they can no longer afford to pay the same amount.

A Kane County Attorney Will Help Ensure that Modification Works for You

If you think your child support order needs to be modified, contact Weiler & Associates, Inc. to find out how we can help. Call 630-331-9110 to schedule a confidential consultation with one of our dedicated St. Charles, IL child support attorneys to find out what legal options you may have

Source:

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