If you are a divorced parent, the state of Illinois requires both you and your former spouse to contribute to your children’s financial needs. Every three years, the Division of Child Support Services (DCSS) will invite you to review and possibly modify your existing child support order. But what if a child’s needs or your financial situation change substantially before then? In that case, you can petition the court to have the child support order modified.
What Qualifies as a Substantial Change?
You may be a good candidate for a child support modification in these circumstances:
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Your child’s needs have changed considerably since the last order—such as a costly new health condition—and you want your ex to help pay those added costs.
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The paying parent’s income has increased substantially.
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The receiving parent’s income has decreased significantly.
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The child’s expenses, such as healthcare or schooling costs, are not being adequately met by the current order.
Changing Your Child Support Order
Any adjustment to your child support can only go back to the date your motion was filed, and not before. Therefore, it is important to file your request for a modification review as soon as you know you need one. The Illinois Department of Child Support Services handles child support modifications. However, you may want to work with an experienced family law attorney for help and to expedite the process.
Typically, within 30 days, DCSS will inform both parents whether or not their child support order qualifies for a modification review. If your order qualifies, DCSS will use the parents’ income, employment status, and other pertinent information to recalculate the amount of the child support payment. The agency will then notify you whether the child support payment has increased, decreased, or stayed the same.
What If You Disagree With The Modification Review Results?
If your order remains the same, you can request a redetermination by DCSS. If you have an administrative order, you can request an administrative hearing to contest it. If you have a judicial order, you can appear in court to contest the amount ordered. Remember, the attorney presenting the court case must be able to prove the paying parent’s ability to pay. If not, the support payment may be lowered.
Contact Our Crystal Lake Child Support Lawyers
If your financial situation has changed, you can petition the court to modify an existing child support order. Whether it is your child’s circumstances that have changed, your former spouse’s, or your own, our McHenry County family law attorneys have the experience and expertise to obtain the most appropriate child support order going forward. Call 815-338-3838 for a free, confidential consultation.
Sources:
https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx
https://www2.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx