Your child’s needs alter as they become older. Modifying a child support order may be necessary in your case for various reasons. Usually, a modification in child support is allowed so that your family’s changing circumstances can be accommodated. If you are looking to modify your child support, then a Cook County, Chicago, Illinois child support modification lawyer can help you through the procedure with confidence whether you feel you are entitled to a modification or your child’s other parent requested for one.
Modification of Child Support: Grounds
In Illinois, a “substantial change in circumstances” must be shown to the court to adjust child support as per the 705 ILCS 5/510(a)(1). Illinois courts will generally change the child support after considering both the parents and the child’s situation (Fedun v. Kuczek, 508 NE 2d 531 – Ill: Appellate Court, 4th Dist. 1987). The courts consider the substantial change in the circumstances of the child or one of the parents that have happened after the original child support decision was entered into. On that basis, the court permits a modification [(In re Marriage of Armstrong, 346 Ill. App. 3d 818, 823 (2004)]. These substantial changes in circumstances include, for example, a) if one or both parents have just gotten married, b) the child’s needs may have changed, or c) the custodial parent is now in jail.
Modifying Child Support: The Procedure
You must cite the statute of 750 ILCS 5/510 and state why you should be entitled to an increase in child support if you are looking to file a motion to adjust child support in Cook County, Chicago, Illinois. The effective date of change in child support will be the date you file and send the notification of filing to the other parent (750 ILCS 5/510). If you owe child support before that date, you’ll still be responsible for paying it at the former rate, even if your circumstances have changed significantly after then.
You can ask for a summary hearing once your motion is set before a judge in a Cook County, Chicago, Illinois, court. In the summary hearing, the judge compares the parties’ financials and relevant papers to establish their present salaries and how much child support they should pay. However, you must keep in mind that it will be necessary to have a full hearing, including the official admission of evidence and testimony from the parties if the other parent objects to a summary hearing.
The amount of modification of child support is determined by the salaries of both parents and the amount of time each parent spends with their children (750 ILCS 5/510). Parents are required to exchange financial affidavits when one party requests to reduce the child support obligation. They must also produce evidence showing their salaries for the preceding two years. The new child support amount is computed based on those salaries and the number of overnights the kid spends with each parent once that information has been provided (750 ILCS 5/510). The court enters a new child support order, termed a Uniform Order for Support, once the new monthly support amount has been computed.