Child Support Modifications
Child Support Modifications
When the child custody agreement or Judgment in your divorce or separation includes a child support order, Illinois courts use a basic formula for assigning the financial responsibility of the parent paying support. It also takes into consideration the income and other financial resources of each parent, and the special needs of the child involved. If circumstances arise that necessitate a change to the original support order, the State provides a protocol for requesting modifications. The legal team at Mulyk, Laho, & Mack, LLC is highly efficient in getting clients throughout DuPage County and its surrounding communities through the process of child support modifications.
Child Support Modifications in Naperville and Plainfield
Under the Illinois child support statutes (750 ILCS 5/5), a child under age 18 or to age 19 if in high school, is entitled to financial support to provide for "reasonable and necessary educational, physical, mental and emotional health needs." To insure the appropriate care and well being of the child in a custody or paternity case, the judge uses the Illinois Child Support Guidelines to calculate the basic support award, with some deviations to the formula based on a variety of other financial considerations. There are times when the child support order needs to be changed. Generally the law allows a routine review of the support order every three years and adjustments can be made then. However, earlier modifications can be made in the child support award when:
- There is a substantial change in the needs of the custodial child;
- There is a change in the income of the parent obligor;
- There is a change in the non-custodial parent’s employment or income; or
- There is non-compliance and delinquency in the support payments.
Both parents can mutually agree on the need for a child support modification based on personal changes and can file for review and modification with the appropriate petition and application. If you request a modification in your support because you suspect the non-custodial parent is hiding assets, has increased income, or has financial changes that need to be reviewed, the court will conduct a review and may authorize a discovery order to uncover the obligor’s assets and any fraudulent practices. If there are increased resources, arrearage or recurrent delinquency in payments, or fraudulence, the court will make modifications in the support order and the obligor could be held in contempt and face serious penalties.
Call (630) 852-1100 for Legal Help with Child Support Modification
The experienced family law and divorce attorneys at Mulyk, Laho, & Mack, LLC understand the importance of complying with the courts requirements in securing for you the appropriate change to a previously ordered support arrangement. We can help you address delinquent payments, changes in income, or unexpected increases in support needs. We will protect your rights, and your child’s right to the financial support he/she needs. If you reside in DuPage County, or the communities of Glen Ellyn, Wheaton, Oak Brook, Lombard, Villapark, Downers Grove, Naperville, Bolingbrook, Plainfield, or Elmhurst, you should contact our Glen Ellyn office to arrange an initial consultation to get your child support modification underway.