Modifying Child Support for a Substantial Change in Circumstances

 Posted on October 21, 2024 in Child Support

Even after taking all of the necessary steps to ensure a child support order that accounts for all of your children’s needs, things can change. After all, it has been said the only constant thing in life is change. When your child’s needs or your financial situation has changed, you can request a review of your child support order to determine whether a modification is necessary. A judge will usually only find a modification necessary if they determine that a "substantial change in circumstances" has occurred. But what does that actually mean? Understanding what the court considers a substantial change in circumstances can help you determine whether or not you should request a modification to your child support order.

How Are Child Support Payments Set in Illinois? 

In Illinois, child support is calculated using an income shares model, which uses the combined income of both parents. The state's guidelines provide a formula based on the number of children and the parents' financial resources. Each parent's share of the child support obligation is determined by that parent's percentage of the combined income. Other factors, such as health insurance costs, childcare expenses, and the amount of time each parent spends with the child, may also influence the calculation. Illinois courts aim to ensure that the child receives the same proportion of parental income they would have if the parents were living together, with the goal of maintaining the child's standard of living.

What Are the Legal Requirements for Modifying Child Support?

To successfully modify a child support order in Illinois, the requesting parent must show that there has been a substantial change in circumstances since the last court order. The court uses these changes to determine whether adjusting the current child support is in the best interests of the child:

• A significant change in either parent's income

• Changes in the medical or educational needs of the child 

• A change in the cost of living

• The remarriage of a parent or changes in the number of dependents

How Are "Substantial Changes in Circumstances" Determined?

Unlike many other things in family law cases, Illinois does not actually provide a definition for a "substantial change in circumstances." This means that this is left up to interpretation by the judge or agency conducting the modification review. In most cases, a substantial change in circumstances means that the situation has changed since the original child support order was entered and that the change is significant enough to warrant a review of the order and a potential change in the amount of support paid.

Examples of Substantial Changes in Circumstances for Modifying Child Support

There are various reasons why you may need to change your child support order. Under normal circumstances, a child support order is only eligible for review every three years, unless you can prove that there has been a change in your child’s needs or either parent’s financial situation. For example, common situations in which a change may be warranted include:

• A parent moving or relocating with their child

• A parent experiencing a decrease in income, as long as it is done in good faith

• A parent experiencing an increase in income because of a raise or promotion at work

• A change in the child’s needs, such as developing a serious illness

• The paying parent having more children with a new spouse

Another very common change of circumstances that often justifies a change in child support payments is when a child begins to spend more time one parent instead of the other. For example, if Sam and Beth get divorced and their only child, Jeff, initially spends 80 percent of his time with Beth, Sam is very likely going to have to pay Beth child support. However, when Jeff turns 16, he decides he wants to spend more time with his father. Sam and Beth both agree, the parenting time change is approved by a judge, and Jeff now spends exactly half of his time with Sam and half of his time with Beth. Since Jeff does not need childcare and receives health insurance through Sam's employer, Sam may be able to successfully petition the court to reduce or terminate child support payments altogether.

What Happens If Both Parents Agree to Modify Child Support?

If both parents agree that child support should be modified, the process becomes more straightforward. The parents can file a joint agreement outlining the proposed changes. The court will then review the agreement to determine if it is fair and in the child's best interests. If the court approves, the modification becomes legally binding. Even with mutual consent, it is crucial to have the court's approval to avoid potential legal issues in the future. This step ensures that the modification is enforceable and compliant with state laws.

Can Child Support Be Reduced Due to Unemployment?

If a parent paying child support loses their job or experiences a significant decrease in income, they may request a reduction in child support payments. However, it is important to understand that the court will carefully review the circumstances. The unemployed parent must demonstrate that their loss of income is legitimate and not a deliberate attempt to avoid child support payments. If the court finds that the parent is voluntarily unemployed or underemployed, it may deny the modification request.

How Long Does a Child Support Modification Take?

The timeline for child support modifications can vary depending on the complexity of the case and the court's schedule. If the modification is uncontested and both parents agree, the process may be quicker. However, the process can take longer if the case involves disputes over the financial situation or the child's needs. A skilled attorney can help streamline the process by providing all the necessary documentation to the court.

Contact a Kane County Support Order Modification Attorney

If you are seeking to modify a child support order, it is essential to work with an attorney who has experience in post-divorce matters. A St. Charles, IL divorce attorney can help you present a strong case to the court and protect your rights. Contact Goostree Law Group today at 630-584-4800 to discuss your case and explore your legal options.