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IL family lawyerNo parent in DuPage County wants to face a situation in which they cannot afford to make their regular child support payments. However, there are numerous situations that can arise to make it difficult or even impossible for a parent to contribute his or her portion of the child support obligation. For example, if a parent gets hurt and cannot work, that parent may be hospitalized for a month or longer, preventing that parent from earning money and contributing to the support of the child. Or, a parent might lose his or her job. If you lose your job, can you have your child support obligation modified?

In short, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows parents to modify child support in some circumstances, but it is important to understand how child support can be modified and what limitations might exist. If you need to modify child support, you should reach out to a DuPage County child support attorney as soon as you can.

Are You Eligible to Modify Child Support?

In order to modify child support, in most circumstances, one of the following must be true:

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Illinois child support lawIf you live in DuPage County and have been thinking about filing for divorce, you may know that Illinois law recently changed when it comes to child support. In brief, as of July 1, 2017, Illinois now follows the “income shares” model when calculating child support obligations. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the court calculates both parents’ combined net income, and then determines the total amount of the child support obligation from the schedule. The court then calculates each of the parent’s percentage share of that child support obligation.

How does parenting time affect each parent’s percentage share of the child support obligation? When parents share parenting time equally, the court is unlikely to adjust a parent’s percentage share of the child support obligation based on parenting time. But what about when parenting time is not shared equally between the parents?

When the “Shared Physical Care” Formula Might Apply

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