Modifying a Child Support Order
When a child support order is created, it is created to provide for the child’s needs effectively based on his or her parents’ income level. It is rare for a child support order to remain appropriate until the child turns 18, the point at which most child support orders terminate. If you are currently paying or receiving child support and your order no longer covers your child’s needs, you can modify your child support order.
Child Support Orders Are Eligible for Review Every Three Years
In Illinois, a child support order can be reviewed every three years to determine if it still meets the child’s needs without creating an undue burden on the child’s parents. During this review period, you and your former spouse have the right to request a modification to your order. After requesting a modification, the court reviews your request to determine whether it is appropriate and applicable.
If you receive child support enforcement services from the Illinois Department of Healthcare and Family Services, you must prove that a modification would result in a difference of at least 20 percent of your current child support amount and one created with an updated application to state guidelines during this review period.
If an Immediate Change Is Necessary, You Will Have to Prove Why It Is Necessary
Sometimes, you cannot wait three years to have your child support order amended. When this is the case, you can file a petition with the court that handled your original order to have it amended. You will need to do this whether your former partner agrees to the change or not. If he or she agrees with your reason for modifying the child support order, you can submit your agreement to the court and have it approved as long as it meets state guidelines. If it does not meet state guidelines, you and your former spouse will have to work with the court to create a new, valid child support order.
If your former partner does not agree to your proposed new order, you must demonstrate to the court why the new terms are necessary and beneficial to your child. In your petition, you must show the following:
- A substantial change in your circumstances, which could be a relocation, job loss, changing health insurance rates, or any other financial change that impacts your ability to support your child; or
- The need to provide health coverage for your child, either through health insurance or out of pocket.
Work with an Experienced St. Charles Family Lawyer
Your petition to modify your child support order is more likely to lead to a favorable outcome if you work with an experienced Kane County family lawyer to draft and pursue it. To learn more about modifying a child support order in Illinois and discuss your specific case in greater detail, contact Shaw Sanders, P.C. today to set up your initial legal consultation in our office. Call us today at 630-584-5550 for help.