When Can a Child Support Order be Modified?

 Posted on October 14, 2022 in Divorce

Child support payments are calculated according to statutory guidelines. Child support payments may be ordered incident to a divorce, or for parents who were never married. These payments may be ordered judicially or administratively. After the initial child support order, there may be options for modifying the order. However, certain conditions must be met for a modification to occur. Either parent can move for a modification. In general, requests for child support modifications are sometimes granted based on a substantial change in circumstances or expenses. The Illinois Department of Healthcare and Family Services Division of Child Support Services reviews requests for modifications. It is wise to work with an attorney during this process. Some conditions are less clear-cut than others. If you are seeking a modification to your child support order, your attorney may be able to help you gather needed evidence.

3 Conditions That Can Lead to a Modification Request Being Granted

Child support orders may be modified for a number of reasons. You may be able to initiate the review process if:

• Time has elapsed - If it has been at least 3 years since your child support order was originally granted or the order has been reviewed for potential modification, you may be eligible for a modification.
• Healthcare - It is important for children to have access to the healthcare services they need. If there are no provisions regarding responsibility for the cost of a child’s healthcare or health insurance, your request for a modification may be granted.
• Income change - Losing a source of income can impact a parent’s ability to make child support payments. If the parent who does not have primary custody and is obligated to make child support payments experiences a substantial change in their earnings, this may be grounds to modify an existing order.

You can also submit a request for review in writing, whether you are the custodial or noncustodial parent. The Department of Healthcare and Family Services may also request a modification review. It is preferable to be represented by an attorney when you are seeking a modification to your existing child support order.

Contact an Illinois Child Support Lawyer

Calabrese Associates, P.C. is skilled in assisting parents who are seeking to modify their child support order. Our experienced Naperville child support attorneys will strive to achieve the modification you need. Contact us at 630-393-3111 for a confidential consultation.

Source:

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx