Tag Archives: Hinsdale child support attorney

IL family lawyerParents in Illinois always have a legal responsibility to provide financial support for their children, even after divorce. During divorce proceedings, parents can come to an agreement on their own about child support, or a judge may issue an order. Either way, these orders are legally binding and the only way to change them is to petition the court for a modification. The courts do not give modifications easily, but there are four common issues that can result in a reduction. Regardless of whether you are receiving child support or paying it, it is important to know what these issues are, and when they may impact the amount of support ordered.

The Paying Parent Loses Their Job

When making a determination about child support, a judge will consider the paying parent’s income, education, and past work experience. When the parent that pays child support loses their job, that clearly significantly impacts their income. Job loss could justify lowering the total amount of child support they pay, and that the other parent receives.

The Paying Parent Experiences a Loss of Income

A parent that pays child support may experience a drop in income even if they do not lose their job. For example, their employer may demote them or, they may find a new job that pays less. In these instances, a child support order may also be reduced based on the new amount of income the paying parent is responsible for paying.

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IL family lawyerParents 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.

A Loss of Employment

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.

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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 divorce lawyerThere are many complicated legal issues in any divorce that involves children. While parents may typically first think of child custody, there is also the issue of child support. Divorce is often expensive enough, but when one spouse learns that they will keep paying for the divorce through child support for years after, sometimes they take drastic steps to avoid the expense. Some may even quit their job. So, what can you do when a spouse stops working in an effort to avoid paying child support?

Obtaining a Child Support Order from the Courts

Under Illinois law, all parents are required to financially support their children while they are still minors. The only exception to this is that parents must also support a child 19 years of age if they are still in high school. Parents are obligated to provide this financial support regardless of whether they are married to the other parent or not.

When parents are divorced, this financial responsibility is typically met through child support. The non-custodial parent will make payments to the custodial parent to help with the daily expenses for the child, as well as their medical and educational costs.

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IL child support lawyerChild support in Illinois is legally binding. When a judge orders one parent to pay it as a result of divorce, they must do so. That does not mean, however, that you are stuck with a high payment that you might not always be able to afford. The law in Illinois recognizes that situations change and as such, either parent can petition the court to have their child support payments modified. The steps for doing so are outlined below.

Find a Good Family Lawyer

It is not a requirement that you have legal representation to modify child support payments. If you represent yourself, you will not have anyone to guide you through the legal system. The staff in the courtroom also cannot give legal advice, or tell you of the chances of a successful outcome. It is in your best interest to speak to an attorney any time you have to go to court.

Complete All Forms and File with the Court

There are many forms you will need to complete. These include:

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