Child Support Modification
Child support is a monetary amount owed by one parent to the other for the support of the parties’ shared minor child or children. Child support is set by looking at both parties’ incomes and the amount of overnights each party has with the minor child(ren). A court order will generally set a fixed amount of child support to pay at a specific interval (i.e. monthly or weekly). Once child support is set in a court order, it can be modified, however, the law sets forth specific requirements that must be met before a party can seek a modification.
750 ILCS 5/510 provides guidelines for when a modification of child support is warranted. The primary standard that must be met is that there must have been a substantial change in circumstances that warrants a modification. Typically, this will be an increase or decrease in income or an increase or decrease in one parties’ parenting time. In both circumstances, the change must be substantial enough to trigger a modification. For example, a salary increase of $500 a year is not likely to be substantial enough to modify child support.
Specifically, regarding a change in income, prior to filing a pleading with the court to modify child support, it is good practice to first reach out to an attorney to run calculations based on the new income to see how much child support would change. The same can be said regarding a change in parenting time and seeking out an attorney to advise as to whether it would impact support. Then you are better informed to decide whether the modification is worthwhile pursuing in court, especially given that litigation can be an expensive and lengthy process.
Parties can contract around what will or will not be considered a change in circumstances if they wish and agree to in a marital settlement agreement or financial order. For example, if one party will have a pay increase in the future that is known, the parties may include a provision that it will automatically constitute a substantial change in circumstances that warrants a modification. In the reverse, parties may contract to say that a change in a parenting time schedule will not constitute a substantial change in circumstances. This can potentially streamline the modification process later.
The Law Office of Erin Wilson LLC is experienced in matters related to child support and the modification of support and can advise you as to the options available. Contact The Law Office of Erin Wilson LLC for a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.