If you are receiving or making child support payments in the state of Illinois you may wonder how the non-custodial parent's income increase or decrease could affect child support.
When the initial child support calculation is made, it is made based on each parent's financial resources at that time. However, if there is a significant change to those financial resources, the family court can get involved again and an adjustment can be made. Depending on the change, this could be a temporary decrease or increase or, if it is a more permanent change in finances, the change could be permanent.
If your income has changed and you need to adjust your child support payments, legal guidance can make a difference. Call a knowledgeable child support attorney in Orland Park at (708) 232-0017 to help you through the modification process and ensure that your order reflects your financial situation.
Understanding Child Support Calculations
Child support law in the state of Illinois states that child support obligations are calculated using a certain equation that considers various factors. It primarily considers the number of children involved, how many overnights they spend with the custodial parent per year, and the net income of each parent.
Using this information, the state will calculate how much money is required to maintain the children. Based on the child custody arrangement and how much time each parent spends with the child, the child support payments will be calculated with the non-custodial parent typically paying the custodial parent.
Outside of these standard factors, there are a couple of other things that have an impact on child support. Educational expenses, medical expenses, housing expenses, entertainment expenses, and any other significant additional expenses will also be taken into account.
Types of Income Changes
After child support is calculated, both parties will likely experience income changes which can have an impact on child support agreements. A salary decrease due to job loss or change or a salary increase from a promotion can cause the child support obligations of the paying parent to change.
If one party gains an additional source of income via investments or a second job, this can also be taken into account when you revise the child support agreement.
Regardless, in order to seek a change in the child support agreement, there will need to have been a significant enough change for it to be taken into account in the calculation.
Although a change in income is one of the most common reasons that modifications to child support will be made, this is not the only factor that can justify a change in the agreement.
When to Review Child Support Orders
If you know that the financial situation of either parent has changed significantly, it might be time to review the calculation of child support.
To do this, you will want to work with a child support attorney to assemble and review all of the necessary documentation. After reviewing the relevant factors they will advise you on whether or not a significant enough change has taken place for the agreement to be adjusted.
If you decide to move forward with an adjustment to the child support payments, an experienced family law attorney will be able to help you file the modification motion.
Requesting a Modification of Child Support
After you have decided to pursue a child support modification, there are a couple of steps you will need to take.
First, you will have to fill out a motion for child support. A child support modification attorney can help you to do this to avoid any mistakes that could delay the review process. After the paperwork is filled out, you will need to submit it to the court system.
Once you have filed the motion, you will need to notify the other party. That way they have time to prepare for the hearing and assemble any documentation that they will need for the review.
You will also need to schedule the hearing. Depending on your local court system you may be given some dates to choose from or you might just be assigned a court date.
When you show up to your hearing review the current child support obligations and recalculate the child support amount based on the new financial situation.
Factors the Court Considers in Modification Requests
When someone files a motion for a child support adjustment, there are a couple of different criteria that the court will take into consideration.
First and foremost, the court will look at any income increases or decreases for both parties. If the change is significant enough, the court may decide to plug numbers into the child support equation again and get a new number.
This is because a significant change in the non-custodial parent's income can make it difficult or impossible for them to make their child support payments. Additionally, if the custodial parent's income has decreased, they may require higher child support payments to maintain the children's standard of living.
They will also consider the individual child's needs and what is in the best interest of that child. For example, if the original child support agreement was calculated without medical conditions in mind, but the child has developed medical problems over the last couple of years, a child support adjustment will need to be made.
Impact of Temporary vs. Permanent Income Changes
Depending on the nature of the income change it may be considered a temporary change instead of a permanent one.
For example, if the non-custodial parent has lost their job, but is fully expecting to find a new one in the next couple of months, this would be considered a temporary income change. The court may still modify the child support arrangement, but it will likely be only for a certain time to allow the parent paying child support to get back on their feet.
In contrast, a permanent income change will result in a permanent change in the child support obligation amount. If the financial situation changes again in the future, you would have to arrange another child support hearing to have the new evidence reviewed.
Enforcement of Modified Child Support Orders
If you are having issues with the non-custodial parent following the new child support order, there are certain steps that you can take to enforce child support.
First, you will want to focus on gathering evidence that the other parent is not paying child support and that you have made an effort to warn them. This can be in the form of bank accounts showing the required amount hasn't been paid or text conversations between the parents referencing the topic.
After a couple of payments have been missed, you can work with your family lawyer to file a complaint with the court or the Department of Child Support Services. At that point, they will issue a warning to the other parent telling them that they must pay child support.
If they continue to miss payments, there can be several consequences. One of the most common that is used in the state of Illinois is suspending their driver's license. However, multiple other methods can be used like denying the parent their passport, intercepting tax payments, and collecting debts.
Income Changed? Get Legal Advice on Adjusting Your Child Support
Filing a motion to modify child support can be a lengthy legal process, but working with an experienced attorney can help to make this process as easy as possible.
If you are interested in learning more about the child support modification proceedings and possibly filing a motion, contact Tommalieh Law to schedule a free consultation. Our experienced legal team will provide you with the legal resources that you need to successfully adjust your child support payments.
