Five Qualifying Situations for a Child Support Modification in Illinois

 Posted on June 27, 2022 in Divorce / Family Law

If you are paying or receiving child support, you know that the circumstances of your life and the life of your child may have changed dramatically since the original child support order was approved by the court. In Illinois, your child support order is eligible to be reviewed for a modification every three years. However, there are qualifying events that may allow you to modify the order between the normal review cycle.

Steps in the Modification Review Process

Either parent can ask the Illinois Division of Child Support Services (DCSS) to review the child support order for possible modification. The parent must demonstrate in their modification request that a substantial change in circumstances has occurred or that the other spouse has agreed to the change. Situations that may allow a child support modification include:

• The parent who is making the cild support payments has had a substantial decrease in income. This could be due to a job loss, an involuntary cut in pay, or a serious injury or disability. They could petition to have the monthly payments decreased.

• The parent who is making the child support payments has had a substantial increase in income. The parent receiving the payments may be eligible to receive higher monthly payments.

• The parent who receives the payments has had a substantial increase or decrease in income. Depending on the direction of the change, they could request to receive more support each month or could receive less from the contributing parent.

• The financial needs of the child have substantially changed. This can occur if the child has been diagnosed with a health condition or disability that requires more medical costs than anticipated in the original child support order.

• The existing order does not adequately cover the cost of the child’s regular expenses, including for school and health care.

If DCSS agrees that the order qualifies for a modification review, both parents will be asked to submit their income information for a recalculation of the child support amount. They will respond with a decision to increase, decrease, or keep the payments the same. Either parent can contest the order in court or through an administrative hearing.

Contact a Kane County Child Support Modification Attorney

To learn your options and prepare to request a child support order modification, contact an Geneva child support lawyer at Loire Krajniak Law, LLC. We know that life can change for you and your child and we are ready to ensure that you are supported along the way. To schedule your free initial consultation, call us at 630-448-2406.

Source:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx