Child support is designed to ensure the financial well-being of children in a divorce. However, sometimes, after the original child support orders go into effect, one or both parents may experience a significant change in circumstances that prompts a modification of the child support orders.
From a payer’s perspective, it may be an inability to continue paying the current support obligation due to illness or job loss, or it may be that they have increased parenting time with the child which enters into the child support calculation.
A recipient, on the other hand, may wish to modify an order to increase child support if a child’s needs change or they believe that the payer’s finances have markedly improved since the original orders.
If the change is significant, ongoing, unforeseen at the time of the original order, and relevant to support calculations, a parent may wish to pursue a modification to the child support order.
Understanding Child Support Modification
The legal framework for modification is outlined in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). A parent may petition for modification at any time if they demonstrate a substantial change in circumstances, such as a significant increase or decrease in income, changes in the child’s needs (e.g., medical or educational expenses), or shifts in parenting time allocation. Examples of substantial change may include job loss, promotion, remarriage affecting financial obligations, a child’s needs increasing or even a child’s emancipation.
Three-Year Review Of Child Support Order
Keep in mind that Illinois allows child support orders to be reviewed every three years without requiring a substantial change in circumstances. This periodic review ensures the order remains aligned with current financial realities and the child’s needs.
Retroactivity
Modifications generally take effect from the date the petition is filed – not retroactively – to avoid undue financial burdens.
Contact an Illinois Child Support Modification Lawyer
If you have questions regarding Illinois child support, modifications to child support orders, or other questions related to family law, contact the law office of Ronald L Bell & Associates for immediate assistance today.