Modifying Child Support Amid COVID-19

 Posted on July 15, 2020 in Family Law

After the pandemic hit Illinois in late March, unemployment claims in the state increased by more than 178,000. To put that in perspective, that is an increase of 1,833 percent in just one week. With so many people being furloughed, laid off, or permanently terminated from their job, it is no surprise that many parents are also wondering how they are going to meet their child support obligations. Although it is understandable that this is an expense that you may not be able to afford right now, it is crucial that you do not simply stop paying. In Illinois, there is a procedure for modifying child support and you must follow it.

Reasons for Modifying Child Support

There are several acceptable reasons for modifying child support. A judge may change the amount you pay if you can show:

• There has been a substantial change in circumstances
• The modification is necessary for the healthcare needs of the child, or
• The child support obligation deviates from the guidelines set out in the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

The most common reason for a court to modify a child support order is when there has been a substantial change of circumstances. These changes may include cost of living increases, additional needs of the child, and the financial ability of the parents, such as if one or both of them lost their job due to the pandemic.

How to Modify Child Support

To modify a child support order, you must first petition the court. Your petition should include the reason you want to change the amount of support you pay or receive, as well as the amount you are requesting.

When petitioning the court to change an existing order, you do not need to serve the papers through a sheriff, as you do when serving divorce papers. You can serve the notice by sending it through the mail to the recipient’s last known address. If you are seeking other action from the court, such as a change in visitation time, you must serve the petition by certified mail 30 days before the hearing.

If the modification is granted, you can ask for the change to be retroactive from the time you filed the petition with the court.

Vested child support obligations, which are child support payments that are already past due, cannot be modified. To modify these types of child support payments, both parties must consent to it.

Our Illinois Family Lawyers Are Here to Help

The past few months have been difficult and the pandemic likely will not be over for some time to come. If you need help modifying a child support order, or any other part of your divorce decree, our skilled Hinsdale family lawyers are here to help. At the Law Office of Martoccio & Martoccio, we can help you file your petition with the court, and work hard to secure a successful outcome in your case. Call us today at 630-920-8855 or contact us online to schedule a free consultation.

Source:

https://www.nwherald.com/2020/04/02/unemployment-claims-up-to-more-than-178-000-in-illinois-due-to-covid-19/ac8yd4u/