Which Circumstances Allow You to Modify Child Support Payments?

 Posted on March 26, 2019 in Child Support

Due to the overhaul of Illinois’ child support law a few years ago, some divorced or separated parents are working under a drastically different child support system than others:

• For child support agreements created before July 1, 2017, the non-resident parent pays a percentage of his or her income, based on the number of children; and
• For child support agreements created since July 1, 2017, the total child support obligation is determined by the parents’ combined incomes, and the non-resident parent pays a percentage of the obligation that is proportionate to his or her share of the combined incomes.

The new child support model would potentially reduce the payments of a parent who was using the previous child support model. However, the existence of the new law is not enough reason to allow a modification of a child support agreement.

Recent Case

A parent needs to prove a significant change of circumstances to immediately modify a child support agreement, which is usually a change in income or expenses for either parent. In the recent case of In re Marriage of Salvatore, a divorced father thought he had enough of a change of circumstances to allow him to reduce his child support payments. The parents had completed their divorce in 2015, with the father paying $8,100 per month for child support. The mother was unemployed at the time of divorce but had since been employed as an office worker and nurse.

The father filed a petition to modify child support in 2017, claiming that the mother’s new income qualifies as a change in circumstances. Using the new child support model, the father’s monthly payments would be reduced to $3,244. However, courts have rejected his petition:

• The original divorce agreement had considered that the mother may obtain future employment because she had worked in the past; and
• The mother’s gross monthly income of $3,451 is not a substantial change of circumstances compared to the father’s net monthly income of $25,312.

The court’s apparent reasoning is that the father cannot claim that the mother’s employment is a qualifying change of circumstances because he anticipated that she would return to work.

Contact a St. Charles Family Law Attorney

A decrease in your income or increase in your co-parent’s income can allow you to decrease your child support payments. Even without a change of circumstances, Illinois permits a review of your child support agreement every three years after it was first created or last modified. A Kane County family law attorney at Goostree Law Group can discuss whether you may qualify for a child support reduction. To schedule a free consultation, call 630-584-4800.

Source:

http://www.illinoiscourts.gov/Opinions/AppellateCourt/2019/2ndDistrict/2180425.pdf