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Modifying Child Support for a Substantial Change in Circumstances

Posted on in Child Support

Kane County family law attorneyEven 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 “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

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

Contact a Kane County Support Order Modification Attorney

At Goostree Law Group, we understand how important a child support order is for many families. Our knowledgeable team of St. Charles, IL child support modification lawyers can help you petition for a review of your child support order if you believe there has been a significant change in circumstances for you or your child’s other parent. To schedule a free consultation, contact our office today at 630-584-4800.

 

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx

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