When Can I Request Child Support Modification in Illinois?

 Posted on February 06, 2023 in Child Support

There is no denying that many families right now are having a more difficult time making ends meet. Food prices, gas prices, utilities, and the price of all kinds of products have increased. According to the U.S. Bureau of Labor Statistics, the Consumer Price Index increased 6.5 percent for the 12 months ending December 2022.

While these increasing prices can be difficult for all families, single-parent households are often particularly hit harder. If the parent is receiving child support from another parent, are they able to request a modification in that child support to help cover these rising costs? Is inflation a basis for modification?

Child Support Modification

Under Illinois family law, a parent may file for child support modification every three years or if they have experienced a significant change in circumstances. In some cases, there is an automatic cost of living adjustment (COLA) for the child support amount. This usually only applies to child support that is paid through the Support Collection Unit (SCU). In order for an annual COLA to take place, the child support order must have been in effect for at least two years.

In the majority of other child support cases, however, the only way the amount of support will increase is if the receiving parent files for a modification.

Some of the reasons why a court will grant a child support modification includes:

• Change in income – If you have had a change in income and are now earning less than you were when the original order was issued, you may qualify for a modification based on the income shares model that Illinois courts use to calculate child support.
• Change in the paying parent’s income – If the paying parent has gotten a promotion, raise, or new job and is earning more money, that can also make a difference in the income shares model calculation.
• Increase in parenting time – If the amount of time your child is with you is much more than what the original parenting time schedule stipulated, the court could increase the child support in order to make up for those extra expenses.

Contact a Kane County Family Law Attorney

If you think it is time for the amount of child support you receive to be modified, having a skilled St. Charles, IL child support attorney representing you will increase your chances of the court granting your request. Family law issues can be complex and having a knowledgeable and experienced attorney advocating for you is crucial. Call Weiler & Associates, Inc. at 630-331-9110 to schedule a confidential consultation and find out what legal options you may have regarding your child support issue.

Sources:

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

https://www.bls.gov/news.release/cpi.nr0.htm