Parenting Time Change Can Allow Child Support Modification

 Posted on October 29, 2019 in Child Support

You are allowed to modify the child support order from your divorce at any time as long as you can show that there has been a significant change of circumstances that makes the modification necessary. The change of circumstances is usually a change in the income of one of the parents or a change in the cost of supporting the children. However, a change in the division of parenting time may also be enough reason to modify your child support payment.

Shared Parenting

Illinois has a modified version of its child support formula that it uses when parents have a 60-40 division of parenting time or less, which qualifies as shared parenting. The paying parent does not need to provide as much support to the other parent because they are directly paying for more of the children’s expenses. Thus, it is appropriate to modify child support payments if the division of parenting time reaches the shared parenting threshold.

No Time Limit to Modify

A recent Illinois case shows that courts can misapply child support laws in ways that need to be corrected. In the case of In re Marriage of Izzo, a man sought to reduce his child support payments to his former wife based on three changes of circumstance:

• His share of overnight custody of his son has increased from 15 percent to 45 percent.
• His former wife had started working and earning an income.
• He had been forced to retire from his job, reducing his income.

The trial court rejected all of the arguments. In regards to the increased share of parenting time, the court erroneously claimed that too much time had passed (five years) since the change for it to qualify as a change of circumstances. The appellate court reversed this decision, stating that no such time limit exists as long as the child support order had not been modified since the change in parenting time. Because the parenting time change established a change of circumstances, the court did not need to rule on the man’s other claims. The court ordered that the child support amount be modified, using the parents’ current incomes.

Contact a St. Charles, Illinois, Family Law Attorney

When you modify your parenting schedule to give yourself shared parenting time, you should also consider modifying your child support order. Child support is meant to allow your co-parent to pay your parenting expenses, and more time with your children means you will need to directly pay those expenses more often. A Kane County family law lawyer at Goostree Law Group will help you set an appropriate amount for your child support payments. To schedule a free consultation, call 630-584-4800.

Source:

https://courts.illinois.gov/Opinions/AppellateCourt/2019/2ndDistrict/2180623.pdf