Most of the approximately twelve moves that people undertake in their lifetimes are job-related. Furthermore, a career change often means a dramatic up or down income change. Divorce papers do not automatically change when life events occur, so even if your income is half what it was before, the Division of Child Support Services will penalize you for not paying the ordered amount. When it comes to child visitation, many parents erroneously rely on informal non-court modifications which may be agreed, but they are not enforceable and not permanent. Recently, the Legislature significantly re-worked the modification provisions in the Illinois Marriage and Divorce Act. As is normally the case when the government acts, some modifications are easier and some are more complicated.
Changing Child Support
Illinois is one of the few remaining percentage-of-income states that calculate the amount of child support based solely on the number of children before the court and the obligor’s net income, at least in most cases. This model has come under fire because of the possibility for unjust results (i.e. a low-income obligor paying support to a high-income obligee) and because it does not account for parenting time and other variables. On the other hand, child support in a percentage-of-income state is easy to set and easy to modify. In Illinois, a movant (person trying to change a child support order) basically only needs to prove:
- Substantial Change in Circumstances: In the last few years, courts have ruled that a change in parenting time, child emancipation, a parent’s poor health, and disability-based economic needs all satisfy the changed-circumstances test. These are just examples, because many other things could meet this standard.
- Good Faith: A movant cannot leave a high-paying job simply to avoid paying child support, and courts usually look to the overall circumstances to determine intent.
Reductions are normally not retroactive, but courts are sometime open to equitable arguments in these cases.
Modifying Visitation
In most cases, parents must wait for two years to pass before they can seek a visitation or custody modification. The waiting period can be waived by agreement, or if the children’s present environment constitutes a serious danger to their physical health or emotional well-being.
Under the new law, most modifications take place under 750 ILCS 5/610.5((c)(1). This provision states that if an informal modification has been in place for at least the last six months, the judge can write it into the orders as long as it is in the children’s best interest. A judge may also modify an order if it is simply to correct a clerical or other “minor” error.
Otherwise, the movant must show a substantial change in circumstances. Similarly to child support modification, a substantial change is usually something like:
- One parent’s move,
- A remarriage,
- Onset of a serious medical condition, or
- Conquest of a prior substance abuse problem.
Bear in mind that, according to the statute, there is a difference between “agreement” and “acquiescence.”
Partner with Experienced Attorneys
When life changes occur, you need an attorney that will stand up for your legal rights and uphold the best interests of the children. For a free consultation, contact an experienced family law attorney in Schaumburg from Glasgow & Olsson. We routinely handle matters throughout Chicagoland.
(photo courtesy of Leiah M. Jansen)