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Parents 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.
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.
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.
Again, parents are responsible for financially providing for their children, and that includes all of their children. If the paying parent remarries and has children with their new spouse, or they have minor children from a past marriage, they are responsible for providing for those children, too. In these instances, the amount of child support a paying parent is ordered to pay may be reduced either during initial divorce proceedings or if they seek a modification from the court after remarriage.
Child support is intended to help cover the daily expenses of the child, including their food, clothing, and healthcare. Typically, the non-custodial parent pays support to the custodial parent who then uses it to help offset those costs. However, if the child suddenly starts spending more time with the non-custodial parent, they will already have to pay more for the child, which could result in a reduction of child support.
Child support is often a contentious issue during and after divorce. If you need to request a modification or want to ensure you receive the full amount of support you deserve, our dedicated Hinsdale family lawyers at the Law Office of Martoccio & Martoccio can help. We know the factors a judge will use when determining support and will guide you through the process of asking for a modification or initially seeking support. Call us today at 630-920-8855 or contact us online to schedule a free consultation with one of our skilled attorneys.