When Can Child Support Be Adjusted Due to Financial Changes?
Child support is a fundamental aspect of family law designed to provide proper financial support to children, even after their parents separate or divorce. However, life isn’t static, and financial situations can change drastically.
Whether it’s due to loss of employment, a significant increase in income, or new financial responsibilities, these changes can directly impact a parent’s ability to pay or justify a need for adjustment to child support.
At Smolka Law Group, we understand how challenging these situations can be and are here to help you assess whether a modification to your child support agreement is possible. Located in Palatine, Illinois, we assist clients throughout the Greater Chicago area.
Determining whether you’re eligible to request an adjustment in your child support plan can be confusing, while attempting to represent yourself on this matter may lead to costly errors. Whether your goal is to petition for a modification or respond to one, our experienced family law attorneys have the knowledge and experience to help.
Understanding Child Support and When Adjustments are Possible
Child support orders are typically established based on each parent’s financial situation at the time of the ruling. Once the support amount is set, both parties must comply with the order. However, substantial life changes can create the need for modifications.
A parent can typically request a modification due to a “substantial change in circumstances.” This legal term refers to significant changes that directly affect either parent’s ability to meet the existing support obligations or justify a higher payment.
Here are some common circumstances that often lead to modifications:
Job loss or income reduction: If a parent loses their job or faces a significant decrease in income due to reasons beyond their control (e.g., layoffs or medical issues), they may petition the court to lower their child support payments.
Increase in income: A parent who experiences a raise, promotion, or other substantial increase in income may face a modification request from the other parent, depending on the child's financial needs.
Changes in the child’s needs: As children grow, their financial needs may change. Increased educational expenses, medical costs, or extracurricular activity fees could be valid reasons to review an existing order.
Change in parenting time or custody arrangement: If parenting arrangements shift or custody responsibilities change significantly, child support agreements may need to be adjusted to reflect these changes.
New financial obligations: Remarriage, the addition of dependents, or other financial shifts may also influence the court’s decision to adjust payment amounts.
It’s important to document and present these changes clearly in court, as Illinois family law requires substantial proof to grant a modification. Consulting with a professional advocate can help you strengthen your case and avoid legal complications.
Illinois Laws Governing Child Support Modifications
Illinois has specific rules and procedures surrounding child support modifications. Illinois courts base such decisions on the “Income Shares” model, which considers both parents’ combined incomes and the proportion each contributes to that total.
Regardless of changes to income or financial circumstances, courts maintain that any adjustment must align with the child’s best interests.
Under Illinois law, modifications can be pursued in the following ways:
Petitioning for a modification: Either parent can file a motion to modify child support, notifying the court of significant changes in circumstances. Examples can include substantial changes in income, parenting time, or the child’s needs.
Review every three years: Under Illinois law, child support orders are eligible for review every three years, even without pressing financial adjustments. Parents can request this periodic review to make sure the support amount aligns with current financial realities.
Backdated adjustments: Illinois courts typically backdate any approved modifications to the date the request for the change was filed. This means that the earlier you file, the sooner potential changes take effect.
Enforcement vs. modification: It’s important to distinguish a modification request from an enforcement issue. If a parent isn’t meeting their payment obligations, enforcement actions should be pursued rather than seeking an adjustment.
5. Substantial change in circumstances: Illinois law requires a substantial change in circumstances for a child support modification to be approved. This can include significant changes in income, employment status, or the child's financial needs.
Consistency with state guidelines: Any modified child support order must align with Illinois' child support guidelines, unless there is a compelling reason to deviate, such as the specific needs of the child or a mutual agreement between the parents.
Family Law Attorneys Serving Palatine, Illinois
Based in Palatine, Illinois, our firm, Smolka Law Group, is a family law-focused boutique firm providing personalized counsel to families throughout the Greater Chicago area. Since 2016, our practice has remained committed to providing compassionate and professional legal support during life’s most significant moments.
Whether you're addressing custody matters, child support, or divorce, we strive to deliver the advocacy you deserve, with every step focused on achieving your goals. Call today to schedule a consultation for your family law matter.
