When you are ordered to pay child support, the money is meant to help the other parent pay for the expenses that come with raising a child such as the need for a home and related expenses such as utility bills, food, and your child’s personal needs such as clothing and school supplies. Current Illinois law primarily bases the amount of child support on your income and the number of children you are paying support for.
When your income dramatically changes, it can be difficult to make your child support payments. If this happens or if you anticipate it happening in the near future, talk to a family attorney as soon as possible about the court process for requesting a child support modification. Parents who become delinquent on their child support obligations can face severe consequences such as the suspension of their professional and driver’s licenses.
Requesting a Modification
You cannot simply have your child support amount altered because you do not want to pay it. Additionally, you cannot stop paying it, even if you cannot afford it. In order for the court to change the amount you pay in child support, you need to file a petition to have your order formally modified. In this petition, you must outline the “changed circumstances” that have put you into the position of needing a modification. Examples of changed circumstances include:
- Being laid off or terminated from your job;
- Having your hours and wages reduced;
- An illness or disability impairing your ability to work; and
- An unforeseen or expected dramatic rise in expenses.
To modify your child support order, generally you must file your petition with the court that issued your original child support order. Modifications may be granted only prospectively after a petition is filed; therefore, if you believe you may qualify for a reduction, do not delay talking to an attorney.
Can the Parent Receiving Support Ask for an Increase?
Yes. If your former partner’s circumstances have changed, your child’s needs have increased, or your income or ability to pay a greater support amount exists, he or she can request to have your child support modified upward as well. Ultimately it will be up to a court to decide if the facts warrant an increase.
Work with a Chicago Family and Divorce Attorney
Life is rarely predictable. Losing your job, suffering an injury, or facing foreclosure can put you into a dire financial situation and when you are facing this type of hardship, it can be extremely difficult or even impossible for you to make your child support payments. Whatever you do, do not allow yourself to fall behind on your payments. Instead, talk to me about getting your child support obligation reduced to a more manageable amount. I am an experienced family and divorce attorney who can guide you through the difficulties that can accompany parenting after a divorce.
