After a divorce, many parents take a while to get used to their new financial situations. If you have taken on more of the parental responsibility and parenting time, you may be receiving child support payments. The payments may have been ordered by the court or you and your ex-spouse may have come to an amicable resolution and worked together to negotiate an agreement that met the needs of the children and the legal requirements.
Regardless of how it was determined, the payment amount reflects the situation of both parents at the time the divorce agreement was finalized. But, situations can change as people move, get new jobs, or develop new medical conditions. Illinois law allows for modifications to child support and spousal maintenance payments based on a variety of factors.
Changes in Child Support Payments
Child support payments are largely based on the incomes of both parents and the number of children being supported. If one parent has more parental responsibility and parenting time, those differences will also be considered when determining child support payments. Other needs that your child may have that can be taken into account when negotiating child support include daycare and education tuition, medical needs, and extracurricular activities.
In Illinois, if your spouse gets a new job or receives a substantial increase in pay, that is one of the qualifying changes that can allow for either parent to petition the court to consider a child support modification. The needs of the child and the financial situation of the receiving parent do not need to have changed. The same can be true if the parent making the payments, also known as the obligor parent, loses his or her job or has a significant, involuntary salary decrease. Other changes that can be used to justify a modification in payments include inflation and cost of living increases, increased needs of the child or children, the remarriage of either parent, a change in the allocation of parenting time or parenting responsibilities, the child turning 18 and becoming independent, or the child having another outside increase in their financial resources.
Trust a DuPage County Child Support Modification Lawyer
To make sure you are receiving or paying the correct amount of child support, you need to have an experienced Naperville child support attorney by your side. At Calabrese Associates, P.C. we are committed to our clients and getting them the best outcome. Contact us today by calling 630-393-3111 to schedule an initial consultation for your divorce or family law case.