Modification of Child Support
Like many other legal documents, it is essential to review your divorce decree and order for support to make sure that it reflects your current situation. This is especially true in these uncertain times. Given the many changes in our lives, you want to ensure that your order for child support meets your currents needs. Of utmost importance is the issue of child support, whether you are receiving [the “payee”] or paying [the “payor”] the correct amount.
Illinois law dictates that child support is always modifiable. Various factors are considered in determining the amount to be paid. The most important of those is the income of the parties. With the pandemic, many parents have either lost their jobs or suffered a significant reduction in their income. If that is your case, you should consider a modification of support. This is not only true for the payor. It is also true for the payee. If the individual paying support, has lost their job or has a lower income, the payor should consider a reduction. However, if the payee of child support has lost their job, the payee may consider asking the Court to increase child support to contribute to the children’s needs.
The legal standard for such modifications is “a substantial change in circumstances.” Like many legal terms, there is no specific definition attached to that standard. Judges consider each case on its own merits and decide accordingly.
What other factors would be considered in a child support modification? Have the needs of the children changed? Have there been increases in the cost of living? Have there been any changes in parenting time?
We are in uncharted waters, but we know certain things for sure. Courts will seek to protect children and make sure that both parents contribute to their children’s reasonable needs. Courts will look carefully to ensure that neither parent is taking advantage of the current crisis for his or her selfish needs.
Illinois law can only grant child support relief retroactively to the date of filing of a motion to modify, so you must consider this issue quickly. Our office is available to answer any child support questions you may have.
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