Illinois law requires both parents to financially contribute to their children’s needs, even if they are divorced. However, either parent may petition the court to amend the order if their circumstances have changed. If your financial or employment circumstances have recently changed or your child’s needs have changed, you may be able to ask the court for a child support modification.
When Parents Can Request Child Support Order Modification
Child support orders are eligible for a review and possible modification every three years. However, if you can prove to the court that you have had a drastic change in circumstances, you may be able to modify your order even sooner than that. Here are several situations that may make you eligible for a child support modification:
The child’s needs have substantially changed. For instance, if your child has been diagnosed with a health condition that requires extensive treatment, you may ask the court to require the other parent to help pay for the costs associated with the treatment.
If the parent who makes child support payments has had a substantial change in income, whether due to a job loss or disability, he or she may be eligible for child support order modification.
If the paying parent has had an increase in income, the other parent may be able to petition the court for higher child support payments.
Child support payments may also be modified if the recipient’s income changes significantly.
A child support order may be modified if the current order does not sufficiently cover the child’s expenses, including school and healthcare costs.
How to Petition the Court to Modify Child Support
If you wish to change your child support order, your next step is to file a written request with the court that thoroughly explains how your circumstances have changed. If your request is eligible for review, you and the other parent will be asked to submit your income information to the Division of Child Support Services (DCSS). If you do not agree with the decision from the DCSS, you may go to court to contest the amount ordered or ask for an Administrative Hearing if you do not agree with the new order.
Contact a DuPage County Child Support Lawyer
If you want to change your child support order, you may want to discuss your situation with a Naperville, IL child support attorney. At Calabrese Associates, we know that your circumstances can change over time, making it difficult to follow your current child support order. We can assist you in requesting a modification. Contact us at 630-393-3111 to schedule a confidential consultation.