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Parents that get divorced or otherwise legally separated are still required by Illinois law to provide financial support to any children involved. When parents are no longer together, this usually requires a child support order, which is legally binding in the state. Parents that do not pay court-ordered child support may face certain legal consequences.
Still, there are instances when one parent may request a child support modification from the court on the original order. A judge will take a number of factors into consideration and then determine if there is a lawful reason for changing the support order. Even when one parent is not paying their fair share of child support, no one should ever take further action until they petition the court. If they do, they could face other legal consequences.
If the recipient loses their job, they may not be able to financially provide for their child in the same manner as they once did until they find gainful employment. On the other hand, if the payer of child support loses their job, they may also be unable to pay the same amount of support that they once did. When either of these factors are present, either the payer or the recipient can petition the court to modify the original amount of child support.
A loss of income may seemingly mean the same thing as a loss of employment, but that is not always the case. For example, if the parent that paid child support suddenly lost government benefits, that is considered a loss of income that may affect the amount of child support payments. Although a small change in income is likely not enough to warrant a modification in child support, a significant change is enough to prompt a change.
Again, parents are required to provide financial support for all of their children until the child is no longer considered a minor, or graduates from school. This includes not only children that are involved in a divorce, but also any other children the parent has, including those from a previous or subsequent marriage. When the paying parent has additional children to provide for, it may lower the amount of child support the recipient receives.
Usually, it is the non-custodial parent that pays the custodial parent child support because it is intended to help with the daily costs associated with the child. Due to this, the parent that spends less time with the child will most likely have to pay child support. Additionally, if that amount of time increases or decreases, the payer may have to pay less in child support or more, respectively.
If you think your spouse is making unreasonable demands for child support, or you feel as though you need the court to increase the amount, our skilled Hinsdale family lawyers are here to help. At the Law Office of Martoccio & Martoccio, our experienced attorneys know how to petition the court to modify child support orders, and how to give you the best chance of a positive outcome with your case. Call us today at 630-920-8855 or contact us online to schedule a free initial consultation.