Child Support Modification Process in Illinois

Il family lawyerOf the 13.4 million custodial single U.S. parents, half have a legal or informal child support agreement with the other parent. Child support is used to pay for food, rent or mortgage payments, education, clothing, childcare, healthcare, transportation, and everything else that a child depends upon. As a parent’s financial situation changes, they may have a decreased or increased ability to pay child support or to financially support their child as the custodial parent. Moreover, child support may need to be modified due to a change in the child’s circumstances, such as needing cancer treatment, or no longer needing as many hours per week in childcare once they are enrolled in public school.

As children grow, parents get promotions or lose their jobs, families suffer unexpected medical emergencies, and other normal life events unfold throughout the years, a child support agreement that once made sense, may no longer be relevant. As either the custodial or paying parent, you may be able to modify the child support agreement if you can prove to the court that there have been substantial changes in circumstances for you, the other parent, or the child. A DuPage County family law attorney can help you petition the court for this much-needed modification.

Substantial Change in Circumstances

According to the Illinois Department of Healthcare and Family Services, child support is eligible for review for modification every three years. Or, a review can be done when a significant change occurs in the child’s needs or the financial ability of either parent. These changes in circumstances include the following:

  • Decreased ability to pay for the paying parent;
  • Increased ability to pay for the paying parent;
  • Increased ability to cover expenses for the custodial parent;
  • Decreased ability to cover expenses for the custodial parent;
  • Child’s finances increase, such as receiving a large inheritance from a grandparent;
  • Cost of living increases;
  • Needs of the child increase, such as medical care or educational costs;
  • Either parent remarries; and
  • Child custody and parenting plan are modified.

Reach Out to Our DuPage County Child Support Modification Attorneys for Assistance

As a custodial parent, you bear the main burden of your child’s upbringing as well as their financial needs. Every extra dollar that the child’s other parent can afford to give helps out, and they should be held accountable to paying what they can afford, particularly if your child’s needs have increased or your own financial stability has taken a turn for the worse. On the other side of things, non-custodial parents have the right to request a modification as well, particularly if they lose a job, get sick, or their child no longer needs the level of support he or she once did. To schedule a free consultation with one of our experienced Hinsdale child support attorneys today, call the law offices of Martoccio & Martoccio today at 630-920-8855.




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