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Parenting Time Change Can Allow Child Support ModificationYou 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:

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Child Support Variables That You Will DecideDivorcing parents in Illinois do not negotiate child support payments in the same way they may negotiate spousal maintenance. With spousal maintenance, you may need to decide whether payments are necessary and how long they should last. With child support, those issues are predetermined. Child support is mandatory and will last until all of your children have turned 18 or graduated from high school. The formula for calculating child support is also set because the income shares table will tell you the base child support obligation that you share. However, there are still factors regarding child support that you can control.

Establishing Your Income

When calculating child support payments, parents may disagree on their respective incomes. Your income level affects the total child support obligation between the two of you and how much of that obligation you will pay. You need to accurately report your income while making sure that your spouse is not underreporting their income. Your spouse may accuse you of misrepresenting your income. If you cannot agree on each other’s incomes, a divorce court will examine your case and decide for you.

Division of Parenting Time

The child support formula changes if you have what Illinois classifies as a shared parenting arrangement, which is each parent having at least 146 nights with the children. This is a 60-40 division of parenting time. The revised formula increases the overall child support obligation but expects both parents to pay for most of their own child-related expenses. As a result, the child support payments between parents are less than with parents who do not meet the requirements for a shared parenting arrangement.

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Three Reasons Why Children Benefit From Shared ParentingIllinois assumes that both parents in a divorce should share parenting time of their child. This may not mean equal parenting time because courts prefer that one parent has the children for a majority of the time to create more stability. Still, both parents are encouraged to be active in their children’s lives beyond child support and basic obligations. Studies on children of divorce have shown that they benefit when each parent has at least 35 percent of the parenting time. They do better in school and are less likely to have long-lasting emotional issues. There are several reasons why shared parenting is more beneficial to children than when one parent has most or all of the parenting time:

  1. The Children Develop Relationships with Both Parents: Conventional wisdom used to be that children primarily need their mothers when growing up, which left some fathers with limited contact with their children. However, a father is also an important figure in a child’s life, and children who do not develop a close relationship with their father may feel abandoned. To develop a relationship, fathers need more time with their children than a visit every other weekend, especially when the child is young.
  2. The Children Receive More Attention: A single parent cannot replicate the positive effect of having two active parents. The parent has work responsibilities and a limited amount of energy to care for all of the children. A shared parenting plan divides the parental responsibilities so that no one parent has to be responsible for all the children at all times. There are two parents to be attentive to the children’s needs and help them if they are having problems.
  3. The Parents Must Work Together: Being “co-parents” means that you are both responsible for the care and development of your children. You need to communicate with your co-parent about what has happened with your children in his or her absence and come to some consensus on how you will raise your children. While it may be difficult, successful co-parenting creates consistency for your children and sets a good example for them. You both are showing how two adults can co-operate towards a common goal, even when they do not get along.

Contact a Kane County Divorce Attorney

There are several ways that you can divide your parenting time and schedule the days that you have with your children. A St. Charles, Illinois, divorce attorney at Goostree Law Group can help you determine the best parenting schedule for your situation. Schedule a free consultation by calling 630-584-4800.

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Attending Events with Your Co-Parent After DivorceDivorced parents often cannot avoid each other due to their shared responsibilities to their children. Many encounters can be brief, avoiding uncomfortable tensions and possible conflicts. However, there are child-related events that the parents are expected to both attend and remain in close proximity to each other for extended periods. These events may include:

  • Sports competitions;
  • School concerts;
  • Parent-teacher conferences; and
  • Awards ceremonies.

Both parents likely want to attend these events because they are important moments in their children’s lives. The children are also hoping to see both parents at the event. Divorced parents should try to peacefully interact with each other when attending their children’s events.

Being Together

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Posted on in Divorce

Illinois divorce attorney, Illinois family lawyer, non-custodial, As a parent with a custody arrangement, you are surely familiar with the struggle of planning family outings and special events around your court-ordered parenting schedule. One of the biggest concerns that parents entering custody arrangements have is how to handle the holidays. When a custody schedule is arranged so that each parent has specific days, such as alternating weekends or having the children spend half the week with each parent, one parent can miss a significant number of holidays with his or her children because of the days of the week that those holidays occur.

This is why it is important to include provisions for holidays in your child custody arrangement. You can plan ahead for future holiday gatherings and keep family traditions intact by working with your former spouse and the court to develop a custody arrangement that allows for a fair distribution of holiday parenting time.

Options for Your Holiday Arrangement

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