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....