Child support is a vital component in ensuring that children of divorced or separated parents receive the financial support they need. However, life is unpredictable, and circumstances may change over time, leading to the need to modify a child support order. In Illinois, child support modification is possible. Read on to learn how to pursue a modification and the factors the court considers when granting a modification.
What is Child Support Modification in Illinois?
Child support modification is a legal process where a court order that determines the amount of child support a parent is required to pay is changed. In Illinois, the child support order can be modified if there is a substantial change in circumstances that justifies the modification. Examples of substantial changes in circumstances include a significant increase or decrease in the paying parent’s income, the child’s needs, or medical expenses. Child support modification is necessary when the current child support order no longer reflects the current financial situation of either parent.
Of course, some child support orders are not modifiable. Check with a family law attorney in Illinois to see whether yours is eligible for a change.
Factors the Court Considers in Deciding Whether to Grant Child Support Modification
When a parent requests a child support modification, the court will consider various factors before making a decision. The court’s primary objective is to ensure that the child’s needs are met while balancing both parents’ financial situations. Here are some of the factors the court will consider:
- Change in Income
A change in income is a significant factor in determining whether child support modification is warranted. If the paying parent’s income has significantly increased or decreased since the last child support order, the court may modify the order to reflect the new income level. The court will look at the parent’s current income, earning capacity, and any changes in their employment status. It is important to note that the change in income should not be vindictive. In order words, the child support-paying parent should not deliberately take a lower-paying job as a means to get the court to grant him or her a lower child support payment amount.
- Change in Child’s Needs
If the child’s needs have changed since the last child support order was issued, the court may consider modifying the order. For example, if the child no longer needs a special type of care or is now attending boarding school, the court may decrease the child support payments to reflect the new needs.
- Change in Living Arrangements
If the child’s living arrangements have changed since the last child support order, the court may consider modifying the order. For example, if the child has moved in with the paying parent, the court may decrease the child support payments to reflect the change in living arrangements.
- Time Elapsed Since Last Order
The court may consider how much time has elapsed since the last child support order. If it has been several years since the last order, the court may consider modifying the order to reflect the current financial situation of both parents.
How Glasgow & Olsson Can Assist Parents Seeking a Child Support Modification
If you are a parent seeking a child support modification in Illinois, the attorneys at Glasgow & Olsson can help. Our attorneys are experienced in family law matters and understand the complex nature of child support modification cases. We can assist you in gathering the necessary evidence to support your modification request and help you present your case in court.
If you are unsure whether you are eligible for a child support modification, we can evaluate your case and provide you with legal advice on your options. We will explain the legal process to you and ensure that you understand your rights and obligations. Contact us now for a confidential and comprehensive consultation.