Tag Archives: child support obligation

IL divorce lawyerAfter 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.

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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:

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automatic withholding, child support obligation, child support order, delinquent child support, Hinsdale family law attorneys, unpaid child support, wage garnishmentsEnforcing a child support order is not always a simple process. Generally, if a non-custodial parent is not paying any required child support, the custodial spouse may go to court in an effort to enforce such payments.

There are a few conditions that usually need to be met in order for enforcement measures to work:

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