Making Changes to Child Support Orders in Illinois

Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer, Typically in the state of Illinois, when you get divorced and you and your spouse have a child together, one spouse will pay child support to the spouse who has the majority of parenting time allocated to them. The monetary amount that is paid in child support depends on a number of factors that can change depending on your circumstances and sometimes the child support payment needs to be increased or decreased. Navigating child support modifications can be a tricky and lengthy process unless you have the help from an experienced attorney.

Factors Used to Determine Child Support Payments

There are a multitude of factors that are used when determining if child support is needed and what the amount will be. These factors include:

  • The needs of the child;
  • The financial resources of the parents;
  • The standard of living the child is used to; and
  • The physical and emotional condition of the child.

Can I Modify My Support Orders?

One child support orders are put into effect, they are not necessarily set in stone. You can petition to have them changed if you can prove that there was a substantial change in circumstances. These types of changes can include:

  • A significant change in income, generally a 10 percent difference;
  • A change in expenses;
  • A change in location;
  • Increase or decrease in health insurance rates; and
  • A need to provide for health care needs of the child.

Steps to Modifying Existing Child Support Orders

If you have an existing child support order that you wish to modify, there are certain steps that you must take to achieve the modification.

1. Fill out and file a petition with the circuit court of the county in which you reside. The petition is the formal document that asks the judge to oversee your case.

2. Tell the other parent about the request you have submitted for a modification to the existing support. You should send a copy of the petition to the other parent and then file a certificate of mailing in the court to certify that you have made an attempt to notify the other parent.

3. Once you select or have a hearing date selected for you, you must also mail a copy of the hearing date to the other parent.

4. When you attend your hearing, you should tell the judge:

  • The existing child support amount;
  • Why you think a modification needs to be made;
  • What you think the new child support amount should be.

If the judge grants your request for modification, he or she will sign the Order Modifying Child Support and the Uniform Order of Support, copies of which should be mailed to the other parent if they were not present.

Get Help From an Experienced Child Support Modification Attorney

Divorce is stressful and it gets even more so when there are children involved. When your child support orders were created, they may have been fine, but as time goes on, circumstances change and the orders may need to be modified. If you believe that your child support orders should be amended, you should contact a skilled DuPage County child support lawyer to help you with the details. Contact the Law Offices of Matthew M. Williams, P.C. to discuss your case. Call 630-409-8184 to schedule a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

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