Modification an Option if You Have Trouble Paying Child Support in Illinois

 Posted on November 07, 2018 in Child Support

When a judge creates a child support order, the payments must arrive every month until the child reaches adulthood or is emancipated, adopted by a stepparent, or joins the U.S. military. 

Life circumstances often change. People gain and lose employment, marry, and divorce, and health fluctuates up and down, all of which can have a significant impact on the financial well-being of a household. For many divorced parents, it is likely that at some point during the duration of child support payments, the order may require child support modification.

Mutual Agreement

If there is a significant change to the income or financial status of either parent, modification may be an option. Both parties can minimize court time if they reach an agreement about future child support payments, either temporarily or permanently. Both parties may draw up a written agreement, including their signatures, and send it to the judge for approval. If approved, the new terms are legally binding.

Modification Through the Court

When an agreement between the parties is not possible, Illinois residents may petition the court for a modification of child support payments based on substantial circumstantial changes. During the hearing, the petitioner must also provide evidence supporting their claim. Circumstances that may result in modification approval include:

• Rise in cost of living.
• Needs of children increase.
• Increase or decrease in financial stability of either parent.
• Remarriage.
• Change in parenting time or custody.
• Emancipation of the child.

Child Support Timeline

In most circumstances, child support payments do not automatically stop, unless otherwise specified in the original court order. If, for instance, the parent who pays support is incarcerated, any outstanding support payments are still owed. If it is possible for the child support obligor to make scheduled payments, it is in the best interests of the child to do so. However, if the payments are no longer possible, requesting a modification is imperative, either for a reduction or temporary suspension until gainful employment if found.

A DuPage County Family Law Attorney Can Help

If you have difficulty making required child support payments, or your financial or medical situation has changed, a Naperville child support modification lawyer can assist you. At Pesce Law Group, P.C., we can complete the necessary forms, gather evidence required to substantiate your claim, and increase the likelihood of a successful outcome for your petition. Find out how we can help by calling 630-352-2240 to schedule a free consultation.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/FAQs.aspx