Common Challenges in Modifying Child Support Orders
Adjusting a child support order in Illinois can be difficult when parents disagree about income, financial circumstances, or the amount that should be paid. In many cases, you must show a substantial change in circumstances. You may also need to establish each parent's current income and determine how the state's child support guidelines apply.
Financial or family circumstances do not always stay the same after a child support order is entered. A job loss, reduced income, or a different parenting arrangement may leave you wondering whether the current amount is still appropriate. You may also have questions about what information you need to present to the court.
At Smolka Law Group in Palatine, Illinois, we help parents with child support and other family law matters. We can review your existing order, explain your options, and help you seek or respond to a support adjustment. Contact us now to schedule a consultation.
Showing a Substantial Change in Circumstances
In many Illinois child support cases, you must show a “substantial change in circumstances.” This means that an important circumstance has changed since the current support order was entered or last modified. The change must be significant enough to support reconsidering the existing amount.
A job loss or a significant increase or decrease in income may lead you to request a review. Other examples include a new job, a different parenting arrangement, disability, incarceration, military deployment, or a change in family size. However, none of these circumstances automatically results in a different child support amount. The court will consider the facts of your case.
Illinois law also allows modification without proving a substantial change in some situations. One exception applies to certain parents who receive child support enforcement services through Illinois Child Support Services. If at least 36 months have passed since the order was entered or last modified, you may qualify if the amount under the current guidelines differs from the existing order by at least 20% and at least $10 per month.
That exception has an additional limitation. It generally does not apply if the existing support amount was intentionally set above or below the guidelines and the reasons for doing so have not changed. Illinois law also allows modification without proving a substantial change when the child's health care needs to be addressed through health insurance or other means.
Establishing Each Parent's Current Income
Determining each parent's income can be difficult when earnings have changed or the parents disagree about the figures. The issue may be more complicated when a parent is self-employed, receives bonuses or other variable compensation, or has income from several sources.
Depending on the circumstances, relevant financial information may include:
Pay records: Recent pay stubs can document wages and other employment compensation.
Tax documents: Tax returns can provide information about income from different sources.
Business records: If you are self-employed, records concerning business income and expenses may be relevant.
Employment records: Information about a new job, termination, or another employment change can help document your current circumstances.
Accurate income information is important because Illinois generally considers both parents' incomes when calculating child support. The calculation starts with each parent's monthly net income, which generally means income after deductions allowed by Illinois law. The court combines those amounts and assigns each parent a share of the support obligation based on their portion of the combined income.
You may face an additional challenge if you believe the other parent's income has changed but do not have records showing the new amount. We can help identify the financial information relevant to the calculation and address disputes about the income figures presented during the case.
Determining the New Child Support Amount
Even when there are grounds to adjust an order, parents may disagree about what the new amount should be. Illinois child support is not determined solely by how much one parent's income increased or decreased.
The state's guidelines consider both parents' monthly net incomes and the number of children covered by the order. Parenting arrangements can also affect how support is calculated in some cases.
Depending on the circumstances, the court may also order parents to contribute to health care, reasonable child care expenses, and reasonable school and extracurricular activity expenses. These considerations can make determining the appropriate amount more involved than simply comparing your previous income with what you earn now.
Dealing With Job Loss or Reduced Income Before the Order Is Changed
Losing your job or experiencing a significant drop in earnings can make it difficult to continue paying the amount in your existing order. However, your child support obligation does not automatically decrease when your income falls.
If you want the court to lower your child support, filing your request promptly can be important. In general, Illinois law does not allow the court to reduce payments that became due before the other parent received proper notice that you had filed a request to modify support. Waiting to file could leave you responsible for payments based on the existing order even if your income has already dropped.
Records concerning a layoff, reduced hours, disability, or another employment issue can help document why your earnings decreased.
Resolving Disputes Over a Requested Adjustment
The other parent may disagree that the order should change. The dispute may involve whether circumstances have changed enough, what each parent earns, or what information to use to calculate support.
Parents may also agree between themselves to pay a different amount. However, an informal agreement does not itself replace the existing child support order. The court order remains in effect unless it is formally modified.
When a request is contested, financial records and other relevant information can help establish each parent's position. Our family law attorneys can review the existing order and the circumstances behind the dispute and represent you during the proceedings.
Discuss Your Illinois Child Support Modification With Our Lawyers
Seeking a different child support amount can involve showing that the legal requirements for an adjustment have been met, establishing the parents' current incomes, applying Illinois support guidelines, and resolving disagreements about the requested amount.
At Smolka Law Group in Palatine, Illinois, we serve families in Palatine and the Greater Chicago Area. We can review your child support order, assess your current circumstances, address disputes over financial information, and represent you during the modification process. Contact us today to schedule a consultation.
