Parents that feel that a temporary child support order does not take into account their unique circumstances may have legal options. Courts must follow the Illinois child support guidelines, a calculation derived from entering numbers into a formula prescribed under the guidelines, but if the support does not reflect the real circumstances it may be that the results are unfair. A temporary child support order that has been entered while a child support proceeding is pending may be modified any time before entry of a final judgement, so it is important to make your concerns known, providing any necessary evidence to support your position.
After the entry of final judgement, child support may be modified only in cases where there is a substantial change in circumstances with few exceptions. The court has discretion as to whether there has been a change of circumstances that would justify action by the court that goes to the best interests of the child while weighing the rights and interests of the parents.
It may be that a custodial parents expenses have increased to address the increasing needs of a child, however, that will have to be balanced against each parent’s ability to provide for those needs. It may also be that the obligor has an increased financial ability to pay more stemming from a spike in income, a decreased financial obligation, or a reduction or termination of spousal support that would justify a higher payment. Certainly the recipient parent may also have an increased or decreased financial ability triggering a modification, or there may be a change in the allocation of parenting time or a remarriage that can constitute a change in circumstances sufficient to modify child support.
If you have questions regarding the modification of child support, contact the Libertyville child support law offices of Ronald L. Bell & Associates for more information today at 847-495-6000.