As the saying goes, the only thing constant in life is change. If you are a divorced or unmarried parent subject to a child support order, changes in your life or the life of the other parent may necessitate a child support modification. However, Illinois child support orders can only be modified under certain situations. Read on to learn about when child support orders are eligible for modification and what you should do if you need to request a child support adjustment.
Modifying an Existing Child Support Order Through a Modification Review
Child support orders established by a judicial proceeding may only be changed through a court order. Administrative child support orders may be modified through the Department of Healthcare and Family Services Division of Child Support Services (DCSS). Every three years, child support orders are eligible for a “modification review” by the DCSS. If a parent wishes to take advantage of this opportunity, they will be asked to submit documents verifying their income. This information is used to determine whether or not the parents’ financial circumstances have changed significantly enough to warrant a child support modification. The dollar amount of child support payments may remain the same, increase, or decrease. If a parent disagrees with the results of the modification review, he or she has the right to request an administrative hearing or appear in court to contest the child support order.
Changing a Child Support Based on a “Substantial Change in Circumstances”
If you are not eligible for a modification review, you may still be able to change your child support order if the current order does not adequately provide for the child’s healthcare needs or if there has been a “substantial change in circumstances.”
Examples of substantial changes in circumstances include but are not limited to:
- The child’s financial needs have increased due to school or extracurricular expenses, medical issues, or another valid reason
- Either parent’s income has considerably increased or decreased
- Either parent has lost his or her job
- The child has turned 18 and graduated from high school
- There has been a change in the allocation of parenting time and parental responsibilities
Contact a St. Charles Child Support Modification Lawyer
Many parents find that they run into significant obstacles, complications, or delays when trying to modify a child support order. At Shaw Family Law, P.C, we help parents with a wide range of complex family law issues. To schedule a free, confidential consultation with an experienced Kane County child support attorney from our firm, call us at 630-584-5550 today....