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If you are currently receiving child support through the judicial system in Illinois, as per the Illinois Child Support Services, according to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) the original child support order is revisited every three years.
Although this is a sound check and balance system which provides each involved party to review the financial well-being of the child caught in the cross-fire of divorce, there are times when an additional review of the child support order may be warranted.
If you have concerns that the amount of support may not be covering the costs associated with financially supporting your child, the following answers to commonly asked questions may provide better insight but before deciding to move forward, it is always best to consult with an experienced Illinois child support attorney.
Can I Request a Review outside of the Three Year Review?
Yes, if the original order seems unfair or unrealistic, it is possible for the original child support order to be modified as long as a judge agrees to the new terms.
What Is the Proper Protocol?
To petition for a child support modification it must be filed in the same court that granted the original order. Even if both parents have agreed to a modification of terms, a judge is required to review and sanction the modifications.
It is essentially important to involve the court when you know your ex-spouse will not agree to the modifications since a judge will provide equal time and address both sides of the situation.
Can an Order Be Changed for a Short-term Emergency?
Yes, a request for modification can be due to a temporary or permanent situation. A temporary modification can support a child’s medical emergency or a parent’s temporary loss of income. A temporary modification can also be warranted if custody changes hands due to perhaps a medical emergency of one parent.
What Type of Circumstances Would Result in a Permanent Modification?
Often, if a parent’s financial situation changes in a permanent manner, such as remarriage or significant increase or decrease in income, this could result in a permanent modification. Other situations may involve changes in Illinois law, new employment or permanent disability of a parent or child.
If you reside in DuPage, Cook, Kane, Kendall or Will Counties and have questions regarding a possible child support modification, contact the experienced Hinsdale child support attorneys of Martoccio & Martoccio to schedule a free consultation today.
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