When Can Child Support Be Modified in Illinois?

 Posted on April 30, 2019 in Divorce

If, after your divorce, you have had an income increase or decrease, or if the needs of your children have changed, you may need to consider asking for a child support modification. Generally, a support order may only be changed every three years in Illinois. However, if you can show a significant change of circumstances that requires a modification, a request can be considered at any time.

What Are Some Reasons for Modification?

As life goes on, everyone faces ups and downs. Parents can run into any number of issues that may qualify for a change in child support. These reasons may include:

• Either parent’s income has increased or decreased significantly.
• The child’s medical or educational needs have changed and become more or less expensive than in years past.
• A change in either parent’s work schedule requires that the child be cared for by a day care center or babysitter, and these costs must be divided between the parents.

Those are just a few situations that could warrant a support modification. An attorney can help you determine whether you have reason to file a request for a change.

How Does the Process Work?

In order to pursue a support modification, you will need to file the proper forms. You and your co-parent will need to provide proof of your income and expenses related to the child. If the two of you cannot come to an agreement on your own about any changes to the amount of support, you will be assigned a court date, and the matter will be settled in front of a judge.

Even if you and your co-parent do agree on a modification, it is always wise to complete the process of having your divorce decree modified, which will provide legal documentation of the change. In the future, one party may decide not to follow through on the agreement if he or she is not legally bound to do so. You can seek legal counsel on how to properly file a petition for modification with the court.

Call an Experienced Oak Park Family Law Attorney

The attorneys at Wakenight & Associates, P.C., can help you through the process of modifying your child support agreement. A knowledgeable Cook County child support attorney will be able to determine whether you are eligible for a modification and walk you through the process of filing a petition with the court to modify your support amount. For a free consultation, call 708-848-3159 and set up an appointment.

Sources:

https://www.illinois.gov/HFS/CHILDSUPPORT/parents/Pages/Modifications.aspx