Can I Modify Child Support?

 Posted on October 01, 2020 in Illinois Family Law

When you go through a difficult divorce involving minor children from your marriage, the prospect of needing to go back to court in order to modify an order can feel daunting. However, parents and children can experience significant changes in circumstances that require a modification of an existing allocation judgment or child support order. In particular, if you lose your job or if you suddenly are required to take a substantial pay cut, you may be concerned about meeting your child support obligation. Under such circumstances, it may be possible to ask the court to modify the child support order. When you are seeking a modification, you should always work with an experienced DuPage County family law attorney.

How DuPage County Courts Determine Child Support

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts in DuPage County and throughout Illinois determine child support obligations based on guidelines and the “income shares” model for calculating child support. This method is streamlined based on the total income of both parents. In using the income shares model, the court will combine both parents’ incomes to determine the total income. Then, the court will look at the Illinois child support guidelines, which provide a specific monthly child support obligation based on the total income (of both parents) and the number of minor children in need of support.

The court determines each parent’s percentage of that obligation based on the parent’s individual income, number of overnights with the child, and other relevant factors. Yet a parent’s ability to pay his or her child support obligation can change over time.

Options for Modifying Child Support in Illinois

Maybe you lost your job or your income was reduced. Or perhaps you learned that your ex-spouse—and your child’s other parent—recently received a substantial pay increase at his or her job. Whatever the reason might be, if you want to change the child support obligation, you will need to petition the court for a modification.

The IMDMA requires a “showing of a substantial change in circumstances” in order to modify child support. While the statute does not give specific examples of what might constitute a “substantial change in circumstances,” experiences like job loss, significant reduction in pay, or a disabling injury that prevents one of the parents from working certainly may meet the requirements.

Contact an Oakbrook Terrace Family Lawyer Today

Many different kinds of family situations can arise that necessitate a modification to an existing court order. When a parent loses a job or sustains a disabling injury, it may be necessary for that parent to seek a child support modification. Likewise, if a parent secures a new job with a significantly higher salary or receives a substantial raise, the other parent might petition for a modification in order to increase the amount of the other parent’s child support obligation. Whether you are struggling to pay your child support due to a change in circumstances or you believe the other parent should now be paying more, one of our skilled Oakbrook Terrace family lawyers can assist. For years, the advocates at the Farooqi & Husain Law Office have been serving the Muslim community of DuPage County. Contact Farooqi & Husain Law Office today for assistance. You can reach us online or by calling our firm at 630-909-9114.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000